In a lawsuit brought by several LGBTQ nonprofits, drag production companies, and one drag queen, U.S. District Judge for the Southern District of Texas David Hittner held that Texas’ Senate Bill 12, which bans sexually suggestive performances where minors are present, was unconstitutionally overbroad and vague.
“The Court sees no way to read the provisions of S.B. 12 without concluding that a large amount of constitutionally protected conduct can and will be wrapped up in the enforcement of S.B. 12,” the ruling reads. “It is not unreasonable to read S.B. 12 and conclude that activities such as cheerleading, dancing, live theater, and other common public occurrences could possibly become a civil or criminal violation.”
The ruling stands in contrast to a recent decision by another federal judge in Texas.
[Government shouldn’t ban drag shows for adults, but they should be able to restrict commercial “vulgar and lewd conduct” from children, as the other federal court ruled. Minors are restricted from otherwise-permissible sexual speech and expression, such as theaters and book stores, which have the responsibility to exclude underage people from that content. — Ed]
Join the conversation as a VIP Member