A federal judge has blocked Texas' law restricting drag performances again, ruling that the legislation violates the U.S. Constitution's free speech protections. According to Reuters, U.S. District Judge David Hittner issued his second ruling against Senate Bill 12 on Tuesday, stating that the law is 'unconstitutionally vague' and could penalize a wide range of performances.
Key Takeaways
A federal judge has blocked Texas' law restricting drag performances for the second time, ruling it unconstitutional. The law was criticized as overly broad and targeting LGBTQ+ performers. Opponents celebrated the decision while Attorney General Ken Paxton vowed to appeal.
- Federal Judge David Hittner ruled Texas Senate Bill 12 violates free speech protections
- Law banned performances deemed 'sexually oriented' in public or where minors may see them
- Judge called law unconstitutionally vague and overly broad, citing potential penalties for artists like Dolly Parton and Elvis Presley impersonators
- Attorney General Ken Paxton criticized the ruling as flawed and vowed to appeal
- Opponents celebrated the decision, calling it a win for free expression
Source Claims Check
1 Difference Found| Claim | Status | Reason | |
|---|---|---|---|
| Law's Scope | 1 Difference | Majority reports broad impact; UPI focuses on targeted restrictions. | ▼ |
| Constitutionality Ruling | Broad Agreement | Judge rules Texas drag ban unconstitutional again |
The law, which was signed by Governor Greg Abbott in June 2023, aimed to ban 'sexually oriented performances' through civil penalties on businesses hosting them and criminal penalties on performers. As reported by CBS News, Hittner originally ruled the law unconstitutional in September 2023, but an appeals court allowed it to take effect temporarily while sending the case back for further review.
Hittner's ruling described the law as overly broad, noting that performances ranging from Dolly Parton and Elvis Presley impersonators to provocative cosplay at conventions could potentially be penalized. According to UPI, Hittner wrote in his opinion, 'For those who find such activities offensive, the solution is relatively simple ... just don't go.' Texas Attorney General Ken Paxton criticized the ruling as flawed and vowed to appeal immediately.
Opponents of the law celebrated the decision. Brian Klosterboer, senior staff attorney at the ACLU of Texas, stated that 'the Legislature's attempt to ban drag performances was unconstitutional from start to finish.' Brigitte Bandit, a drag queen and plaintiff in the case, expressed relief and criticized state efforts to censor art and marginalize LGBTQ+ communities. Brad Pritchett, CEO of Equality Texas, called the ruling a win for free expression.
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