A storm over Texas's legal landscape concerning drag shows has seemingly settled—for now. A federal judge has declared a law restricting drag performances unconstitutional, a significant win for First Amendment advocates and the LGBTQ+ community in the state. U.S. District Judge David Hittner dismantled Senate Bill 12, arguing it impermissibly infringes on the First Amendment and refreshingly chills free speech, according to The Texas Tribune.
Senate Bill 12, which has stirred controversy since its inception, initially aimed to shield children from witnessing certain aspects of drag shows, including suggestive dancing or the use of specific prosthetics. The plaintiffs, bringing attention to the vague and broad language of the bill, rejoiced as the court struck down the legislation. Local drag performer Brigitte Bandit, responding to the ruling said, “I am relieved and grateful for the court's ruling. My livelihood and community have seen enough hatred and harm from our elected officials. This decision is a much-needed reminder that queer Texans belong and we deserve to be heard by our lawmakers,” as stated in The Texas Tribune.
Nevertheless, not everyone is on board with the judge's decision. State Senator Bryan Hughes, the author of SB 12, pledged to appeal the ruling, arguing that the intent was to protect children from sexually explicit performances. In a defiant tone, Hughes stated, as per The Texas Tribune, “Surely we can agree that children should be protected from sexually explicit performances. That’s what Senate Bill 12 is about. This is a common sense and completely constitutional law, and we look forward to defending it to the Supreme Court if that’s what it takes.”
The controversy took center stage at this year's South by Southwest (SXSW) as well, where discussions around drag and free expression resonated through the halls of the Freedom Forum’s 1A House. Brigitte Bandit spoke on the convergence of drag performance and the First Amendment at the event, as reported by KXAN. The Austin-based drag queen, who previously testified against bills targeted at limiting drag show attendance and penalizing public libraries for hosting drag story time events, expressed a resolve to continue the fight, saying, “For my future is just focused on that, continuing to fight for my community, and fight for each other as well, not only the LGBTQ community but anybody who is facing these kinds of attacks and this oppression.”
