{"id":10380,"date":"2025-11-09T04:09:25","date_gmt":"2025-11-09T04:09:25","guid":{"rendered":"https:\/\/cnews.topnewsource.com\/?p=10380"},"modified":"2025-11-09T04:09:25","modified_gmt":"2025-11-09T04:09:25","slug":"%e2%9a%96%ef%b8%8f-first-amendment-on-trial-texas-appeals-court-reinstates-drag-show-ban-but-with-a-caveat","status":"publish","type":"post","link":"https:\/\/cnews.topnewsource.com\/?p=10380","title":{"rendered":"\u2696\ufe0f First Amendment on Trial: Texas Appeals Court Reinstates Drag Show Ban, But With a Caveat"},"content":{"rendered":"

A federal appeals court has reignited a fierce legal debate over artistic expression and public morality, ruling that Texas can enforce Senate Bill 12<\/b>, a 2023 law that prohibits certain drag performances in public or when children are present. The decision by a three-judge panel in the U.S. Circuit Court of Appeals for the Fifth Circuit<\/b> on Thursday overturns a previous injunction, yet offers a sliver of clarity by suggesting that not all drag shows violate the state law<\/b>.<\/span><\/p>\n

\n

 <\/p>\n

The Contentious Texas Law<\/span><\/h3>\n

 <\/p>\n

Senate Bill 12 (SB 12)<\/b> bans drag performers from dancing suggestively or wearing certain prosthetics on public property or in front of children. The penalties are substantial: business owners could face a $10,000 fine<\/b> for hosting these performances, and performers who violate the law could be slapped with a Class A misdemeanor<\/b>.<\/span><\/p>\n

The law was quickly challenged by plaintiffs, including a drag performer, a drag production company (implied to be 360 Queen from the context of its testimony), and pride groups, on the grounds that it violates the First Amendment<\/b>‘s protection of free speech. In September 2023<\/b>, U.S. District Judge David Hittner<\/b> initially sided with critics, ruling that the law was unconstitutional as it “impermissibly infringes on the First Amendment” and could affect non-explicit activities like live theater or dancing.<\/span><\/p>\n

\n

 <\/p>\n

Appeals Court Ruling and the ‘Sexually Oriented’ Distinction<\/span><\/h3>\n

 <\/p>\n

The Fifth Circuit panel, however, reversed Judge Hittner’s decision, sending the case back to the district court. The key factor in the reversal was the determination of which plaintiffs had standing\u2014or the right\u2014to sue, based on whether their planned performances actually constituted a “sexually oriented performance”<\/b> as defined by the law.<\/span><\/p>\n

Crucially, the majority opinion suggests the court does not believe all drag shows are sexually explicit<\/b> and thus not impacted by the ban. However, it found that the performances described by one of the plaintiffs, a drag production company, arguably fell under the explicit definitions of the law, which targets acts like:<\/span><\/p>\n

    \n
  • Performers sitting on customers’ laps while wearing thongs.<\/span><\/li>\n
  • “Gesticulations while wearing prosthetics,” such as a drag queen wearing a revealing breastplate, pulsing her chest in front of people, and putting her chest in front of people’s faces.<\/span><\/li>\n<\/ul>\n

    Judge Kurt Engelhardt<\/b>, who was joined by Judge Leslie Southwick<\/b> in the majority, wrote in a footnote that there is “genuine doubt” that these actions are “actually constitutionally protected\u2014especially in the presence of minors.” Judge James Dennis<\/b> partially dissented, arguing that the majority’s reasoning “runs headlong into settled First Amendment jurisprudence” by essentially ignoring the legislative intent to target drag as an art form.<\/span><\/p>\n

    \n

     <\/p>\n

    Drag in the Mainstream and the History of the Art Form<\/span><\/h3>\n

     <\/p>\n

    The legal battle in Texas is part of a broader national trend where GOP lawmakers have attempted to restrict drag performances, often by labeling the art form as inherently sexually explicit. This political push runs counter to drag’s increasing cultural acceptance and historical significance.<\/span><\/p>\n

    Drag has a long and storied history, dating back to ancient Greek theatre and Shakespearean plays, where men played female roles. In the modern era, figures like RuPaul Andre Charles<\/b>\u2014often dubbed the “Queen of Drag”\u2014have brought the art form firmly into the mainstream. RuPaul produces and hosts the reality competition series RuPaul’s Drag Race<\/i><\/b>, a global phenomenon that has won multiple awards, including 14 Primetime Emmy Awards<\/b> for Outstanding Host. The show’s success has helped launch the careers of numerous drag artists like Bianca Del Rio<\/b> and Trixie Mattel<\/b>, elevating drag from underground clubs to a celebrated form of creative expression for millions of viewers. For instance, the Season 15 premiere of RuPaul’s Drag Race<\/i> had an audience of approximately 752,000 viewers<\/b>, demonstrating its significant reach.<\/span><\/p>\n

    Historically, drag performers like Marsha P. Johnson<\/b> and Sylvia Rivera<\/b> were also instrumental figures in the Stonewall Riots of 1969<\/b>, a pivotal moment in the fight for LGBTQ+ rights. Their legacy underscores drag’s role not just as entertainment, but as a crucial platform for self-expression, identity, and political activism.<\/span><\/p>\n

    \n

     <\/p>\n

    The Path Forward<\/span><\/h3>\n

     <\/p>\n

    Texas Attorney General Ken Paxton<\/b> praised the appeals court decision, stating he “will always work to shield our children from exposure to erotic and inappropriate sexually oriented performances.”<\/span><\/p>\n

    Conversely, the plaintiffs and the ACLU of Texas<\/b> described the ruling as “heartbreaking” but vowed to continue their fight, stating, “The First Amendment protects all artistic expression, including drag. We will not stop until this unconstitutional law is struck down for good.”<\/span><\/p>\n

    The case now returns to the district court, where the challenge to the law will be reconsidered under the new guidance from the Fifth Circuit, focusing on whether SB 12’s unconstitutional applications “substantially outweigh” its valid ones.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

    A federal appeals court has reignited a fierce legal debate over artistic expression and public morality, ruling that Texas can enforce Senate Bill 12, a 2023 law that prohibits certain drag performances in public or when children are present. The decision by a three-judge panel in the U.S. Circuit Court of Appeals for the Fifth…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"pagelayer_contact_templates":[],"_pagelayer_content":"","footnotes":""},"categories":[1],"tags":[],"class_list":["post-10380","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/cnews.topnewsource.com\/index.php?rest_route=\/wp\/v2\/posts\/10380","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/cnews.topnewsource.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cnews.topnewsource.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cnews.topnewsource.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/cnews.topnewsource.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=10380"}],"version-history":[{"count":0,"href":"https:\/\/cnews.topnewsource.com\/index.php?rest_route=\/wp\/v2\/posts\/10380\/revisions"}],"wp:attachment":[{"href":"https:\/\/cnews.topnewsource.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=10380"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cnews.topnewsource.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=10380"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cnews.topnewsource.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=10380"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}