Federal Judge Tosses Texas Ban On Public Drag Shows

Reuters reports:

A federal judge in Texas ruled on Tuesday that the state’s new law limiting public drag performances was an unconstitutional restriction on speech and he permanently forbid enforcement of it. “Not all people will like or condone certain performances,” U.S. District Judge David 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.”

More than a dozen states have sought to restrict drag shows over last year, with Texas one of at least four to pass restrictions into law, part of broader Republican efforts to regulate the behavior of LGBT people. Hittner ruled that the Texas law was discriminatory and improperly vague. He said drag performances were not inherently obscene, and were the sort of expressive speech protected by the U.S. Constitution’s First Amendment.

Read the full article. Hittner, 84, was appointed by Reagan.

The author of the bill, GOP state Sen. Bryan Hughes [photo], appeared here in April for his bill that would defund public libraries that host Drag Queen Story Hour.

In March, he appeared here for his bill to raise taxes on bars that host drag shows. A Texas lesbian bar has since been denied insurance.

Last year Hughes appeared here when his bill to force public schools to display “In God We Trust” posters went into effect.

In 2021, he appeared here for his bill banning criticism of white supremacy in history lessons.

VICTORY: A federal judge has declared Texas’ drag ban unconstitutional.

LGBTQIA+ Texans, venue owners, performers, and our allies all came together to uphold free expression in our state — and we won.

This work isn’t done but for now we celebrate. Long live Texas drag!

— ACLU of Texas (@ACLUTx) September 26, 2023

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