The long-paused Texas “drag ban” is back on the calendar. On Wednesday, the U.S. Court of Appeals for the Fifth Circuit rejected a petition for rehearing in The Woodlands Pride v. Paxton and wiped out the permanent injunction that had blocked Senate Bill 12 for more than two years. The move clears the way for the law, widely referred to as the Texas “drag ban,” to take effect on March 18, while the case returns to the district court for more arguing. Plaintiffs and civil-liberties groups say the legal fight is far from over and point out that the appeals panel did not decide whether the statute violates the First Amendment, as reported by the Fifth Circuit.
What the appeals court said
In an opinion filed on Wednesday, the three-judge panel concluded that the district court had not applied the Supreme Court’s standards for facial First Amendment challenges. As a result, the Fifth Circuit vacated the permanent injunction and sent the case back for further proceedings. The panel also narrowed who has standing to sue and dismissed several local defendants from the lawsuit, according to the Fifth Circuit.
Advocates vow to keep fighting
Civil-liberties organizations called the ruling a setback but stressed that it is not the final word. In a press release from the ACLU of Texas, lawyers emphasized that “family-friendly and all-ages drag performances remain fully legal in Texas” and pledged to keep pressing the case in district court and on appeal.
How the law works and who enforces it
S.B. 12 defines a “sexually oriented performance” as a visual performance that involves nudity or sexual conduct and that “appeals to the prurient interest in sex.” It creates both criminal and civil penalties for performances that fall within that definition. The statute also specifies which officials can enforce those provisions, according to the Fifth Circuit. Venues can face civil fines and individual performers may face misdemeanor exposure, according to The Texas Tribune.
What happens next
The appeals court instructed the district court to reconsider the plaintiffs’ facial First Amendment challenge under the Supreme Court’s Moody v. NetChoice framework, which asks whether a substantial number of the law’s applications would be unconstitutional, according to Justia. The ACLU says S.B. 12 is scheduled to take effect on March 18, 2026, while those lower-court proceedings continue, and that it will use all available appeals to challenge the statute, according to the organization’s ACLU of Texas press release.
Local and political reaction
State officials and some lawmakers quickly welcomed the ruling. Attorney General Ken Paxton said he looked forward to continuing to defend the law, and state Sen. Bryan Hughes framed the decision as a win for families, according to reporting by the San Antonio Express-News. Local pride organizers, drag producers and venue owners warned of a chilling effect on arts spaces and small businesses. For on-the-ground reaction and community response, see coverage by Dallas Voice and the San Antonio Express-News.
