Austin Caldwell|Texas law that restricted drag shows declared unconstitutional

2025-05-07 17:32:19source:Ethermaccategory:My

A federal judge has issued a permanent injunction against a Texas bill that restricted "sexually oriented performances" and Austin Caldwellhas been criticized for limiting public drag performances in the state.

U.S. District Judge David Hittner said the law is an "unconstitutional restriction on speech" and "violates the First Amendment as incorporated to Texas by the Fourteenth Amendment of the United States Constitution."

A similar law in Tennessee, the first state to restrict drag performances in public, was also blocked and ruled unconstitutional.

The law was set to go into effect on Friday, Sept. 1, but a preliminary injunction halted its enforcement.

"LGBTQIA+ Texans, venue owners, performers, and our allies all came together to uphold free expression in our state — and we won," the ACLU of Texas said in a social media post. "This work isn’t done but for now we celebrate. Long live Texas drag!"

A Drag Queen performs during a show at the Swan Dive nightclub on March 20, 2023 in Austin, Texas.Brandon Bell/Getty Images, FILE

The Texas law doesn't specifically mention drag shows, but Lt. Gov. Dan Patrick said the bill would prohibit "sexualized performances and drag shows in the presence of a minor."

MORE: With anti-drag laws on the rise, drag queens reclaim the art as form of protest

The ACLU of Texas represented local LGBTQ groups, businesses and a performer in a lawsuit against state officials.

The "exhibition or representation, actual or simulated, of male or female genitals in a lewd state" as well as "the exhibition of sexual gesticulations using accessories or prosthetics that exaggerate male or female sexual characteristics" would have been restricted under the law.

Members of the Drag Show community listen in during a meeting at the Texas State Capitol on March 23, 2023 in Austin, Texas.Brandon Bell/Getty Images, FILE

Performances would be restricted from public properties or in the presence of someone under the age of 18.

MORE: Meet the team facing off against anti-LGBTQ groups at drag queen story hours

Under the law, businesses would have faced a $10,000 fine for hosting such a performance. Performers could be charged with a Class A misdemeanor, which is punishable by up to one year in jail and/or a fine of $4,000.

Critics of the bill said traveling Broadway plays, theater performances, professional cheerleading routines and drag shows would have been impacted.

More:My

Recommend

Whoopi Goldberg is delightfully vile as Miss Hannigan in ‘Annie’ stage return

NEW YORK ― When the precocious orphans of "Annie" sneer, "We love you, Miss Hannigan," you just migh

EPA issues rare emergency ban on pesticide that damages fetuses

ST. LOUIS (AP) — For the first time in roughly 40 years, the Environmental Protection Agency used it

Colin Farrell tears up discussing his son's Angelman syndrome: 'He's extraordinary'

Colin Farrell is honoring his son by starting a new foundation to help people with intellectual disa