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Texas Drag Ban Blocked, Ruled As Unconstitutional

BarryLaverty

By BarryLaverty
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BarryLaverty

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Freedom of Speech being threatened according to this judge appointed by REAGAN. 
 


https://www.dallasnews.com/news/politics/2023/09/26/texas-drag-ban-law-ruled-unconstititutional-blocked-federal-judge/

Texas drag ban blocked, federal judge rules new law unconstitutional

The law targeting drag shows was too broad and vague, and violates performers’ free speech rights, a federal judge has ruled. Texas Attorney General Ken Paxton will likely appeal. 

Austin-based drag queen Brigitte Bandit discusses Senate Bill 12, an effort to ban minors...
Austin-based drag queen Brigitte Bandit discusses Senate Bill 12, an effort to ban minors from drag shows, on the state Capitol grounds in Austin, Texas on Wednesday, May 10, 2023.(Lauren McGaughy)

By Lauren McGaughy

2:43 PM on Sep 26, 2023

 
Update: 
Updated 3:50 p.m. to include comment from Lt. Gov. Dan Patrick.

AUSTIN — A federal judge on Tuesday declared a Texas law targeting drag showsunconstitutional, siding with LGBTQ Pride event organizers and performers who sued and blocking its enforcement.

U.S. District Court Judge David Hittner ruled the law, known as Senate Bill 12, violated the free speech and expression rights of drag performers and was written too vaguely to be easily understood or enforced.

“Not all people will like or condone certain performances,” Hittner wrote. “This is no different than a person’s opinion on certain comedy or genres of music, but that alone does not strip First Amendment protection.”

Hittner, who was appointed by Ronald Reagan, added that the “chilling effect S.B. 12 will have on speech in general outweighs any hardship on the State of Texas.”

Texas Attorney General Ken Paxton will likely appeal the ruling. An agency spokesperson did not immediately respond to a request for comment. Lt. Gov. Dan Patrick, a vocal supporter of the law, posted on the social media platform X that “this story is not over.”

The law, “which restricts children from being exposed to drag queen performances, is about protecting young children and families,” Patrick wrote from his official account. 

Senate Bill 12 was one of several laws targeting LGBTQ rights passed during this year’s legislative session.

While the version passed into law prohibits sexual performance in front of minors, the bill’s author and other supporters boasted it would effectively ban all drag performances in public or in front of children.

The law expanded the definition of sexual conduct to include real or “simulated” groping, display of a sex toy, “sexual gesticulations using accessories or prosthetics that exaggerate male or female sexual characteristics” if the acts “appeal to the prurient interest in sex.”

Under the law, violations were a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine, for performers and a $10,000 civil penalty per violation for businesses.

The day before it became effective on Sept. 1, Hittner put the law on temporary hold. At a hearing in federal court earlier in August, drag performers and LGBTQ rights activists testified that the bill would restrict freedom of expression and hinder their ability to make art and a living.

The plaintiffs include the organizers of LGBTQ Pride events in Abilene and The Woodlands, as well as Austin-based drag queen Brigitte Bandit, who often impersonates Dolly Parton. 

The attorney general argued both that the drag performances are not protected under the First Amendment and that the law is “content neutral” that does not target such shows.

Hittner disagreed. In his decision Tuesday, the judge ruled that while “drag” is not mentioned in the law, lawmakers intent to target such shows was explicit. He also found that drag shows, and performers therein, do enjoy First Amendment protections.

Hittner said the law is also too broad and vague, and could ban common activities “such as cheerleading, dancing, live theater, and other common public occurrences” and “any performance in public that is deemed to violate S.B. 12.”

He granted the permanent injunction because the plaintiffs successfully argued that they would win their case if it went to trial. The injunction bars the defendants, including Paxton and the district or county attorneys in Bexar, Montgomery, Taylor and Travis Counties, from enforcing the law. 

Bandit expressed relief at the decision.

“My livelihood and community has seen enough hatred and harm from our elected officials. This decision is a much needed reminder that fancyboy Texans belong and we deserve to be heard by our lawmakers,” Bandit said in a press release.

Similar drag laws in other states have also been struck down for being too vague and violating performers rights.

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RETIREDFAN1 Elite

RETIREDFAN1

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1 minute ago, Youngcoach123 said:

I mean look at what he did to the 2nd amendment. That alone removes him from top president discussions. 

Unfortunately, with the quality of presidential talent in my lifetime, he's still at #2.....

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BarryLaverty Mentor

BarryLaverty

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13 hours ago, KirtFalcon said:

So @BarryLaverty Larry gets to go see his perverts and their drag show til this gets reversed .... you participate in those Larry? ....

Nope. But, I do believe this law was purposely vague and not Constitutional. How about you? 

 

10 hours ago, DAWG91 said:

"Drag ban" or all-age drag shows,  even for kids,  ban?

As a parent, I didn't let my kids date until they were 16 or have cell phones until they were actively involved in athletics and band. We didn't let them go to R movies or watch South Park until they were older, because we PARENTED our kids and didn't need Republicans to tell us how to do so.

But, let's take it some steps further. Let's ban beauty queen contests for 5-year-olds, too, that sexualize them. Let's also make sure that kids have proper health care and help parents make daycare affordable. Do you care about those issues? If not, then do you really care about what happens to kids? 

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DAWG91 Mentor

DAWG91

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13 minutes ago, BarryLaverty said:

Nope. But, I do believe this law was purposely vague and not Constitutional. How about you? 

 

As a parent, I didn't let my kids date until they were 16 or have cell phones until they were actively involved in athletics and band. We didn't let them go to R movies or watch South Park until they were older, because we PARENTED our kids and didn't need Republicans to tell us how to do so.

But, let's take it some steps further. Let's ban beauty queen contests for 5-year-olds, too, that sexualize them. Let's also make sure that kids have proper health care and help parents make daycare affordable. Do you care about those issues? If not, then do you really care about what happens to kids? 

You didn't answer the question.

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JBizzle Proficient

JBizzle

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37 minutes ago, BarryLaverty said:

Nope. But, I do believe this law was purposely vague and not Constitutional. How about you? 

 

As a parent, I didn't let my kids date until they were 16 or have cell phones until they were actively involved in athletics and band. We didn't let them go to R movies or watch South Park until they were older, because we PARENTED our kids and didn't need Republicans to tell us how to do so.

But, let's take it some steps further. Let's ban beauty queen contests for 5-year-olds, too, that sexualize them. Let's also make sure that kids have proper health care and help parents make daycare affordable. Do you care about those issues? If not, then do you really care about what happens to kids? 

I'm fine with banning child beauty pageants.

Here we go again with the "if you don't see things the way I see things, you don't care about the kids."

Kids have healthcare available.

Daycare ain't a right.

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BarryLaverty Mentor

BarryLaverty

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14 minutes ago, DAWG91 said:

No,  you didn't.  Drag show ban or all age drag show ban?

Think that all adult entertainment should have restrictions on them like movies or bars have. Don't think that drag performers should be banned from being in parades or in public libraries reading books if they aren't doing sexually explicit things like anyone not drag. That should be left up to parents on whether or not they attend events. Recently in Eureka Springs, Arkansas, drag queens were the parade marshals for a Jeep Jam. No one was harmed while watching Jeeps roll by, as I understand it. 

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DAWG91 Mentor

DAWG91

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19 minutes ago, BarryLaverty said:

Think that all adult entertainment should have restrictions on them like movies or bars have. Don't think that drag performers should be banned from being in parades or in public libraries reading books if they aren't doing sexually explicit things like anyone not drag. That should be left up to parents on whether or not they attend events. Recently in Eureka Springs, Arkansas, drag queens were the parade marshals for a Jeep Jam. No one was harmed while watching Jeeps roll by, as I understand it. 

Their shows are by their very nature sexually explicit.  Have you been watching with your eyes closed?

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