On May 18, Texas’s “Drag Ban” will go into effect.
Senate Bill 12 is a law that was passed in the 2023 Texas legislative session with the intention to ban “sexually oriented” drag in public spaces and in front of minors in Texas.
Though the bill may seem reasonable at first glance, the vague wording and broad definitions leave all drag performers at a risk of being sued no matter the content of their show.
The bill had initially been blocked in September 2023 when the American Civil Liberties Union (ACLU) alongside Baker Botts LLP had sued the state on behalf of The Woodlands Pride, Abilene Pride Alliance, Extragrams, 360 Queen Entertainment and Brigitte Bandit in order to challenge it.
Though the district court had ruled that the bill was unconstitutional due to the vague language used in the bill (as well as the bill being a prior restraint on speech), the U.S. court of Appeals for the 5th Circuit claimed that the prosecution had no grounds to sue.
The 5th Circuit upheld that the drag shows put on by The Woodlands Pride and Abilene Pride Alliance are not “arguably” described in the bill because both have a previous record of putting on “family-friendly” and “child-oriented” shows.
Though this distinction is beneficial to drag performers who are putting on shows for children, ultimately the broadness and subjectivity of the language used in the bill is still dangerous for drag performers.
Adding on to this, the 5th Circuit never ruled that the bill was constitutional. Instead, it overturned the district court’s ruling and sent it back to the court for further analysis.
As of now, the lawsuit to get SB12 overturned is still ongoing. If you would like to help mitigate any damages caused by the bill, consider supporting your local drag performers or mutual aid funds like the Mahogany Project’s Drag Rapid Relief Fund.
