A federal judge appointed by Ronald Reagan has handed Texas another defeat over its restrictions on certain drag performances. The ruling once again blocks a law that has spent years moving through the courts. This time, U.S. District Judge David Hittner also rejected Attorney General Ken Paxton’s attempt to reopen parts of the case. The decision puts SB 12 back on hold after it took effect earlier this year.
David Hittner blocked Texas SB 12 and denied Ken Paxton’s request for a new trial
Hittner ruled Tuesday, Aug. 25, that the 2023 law violates the First Amendment. He permanently barred Texas Attorney General Ken Paxton from enforcing SB 12.
The law restricts certain “sexually oriented performances” on public property or in front of minors. Although its final text does not specifically mention drag queens, state leaders publicly described it as a drag ban.
Hittner found the language too broad and said it could reach constitutionally protected performances. He wrote that the law’s applications largely target protected expression based on its content and viewpoint.
The judge also offered a simple response to people who object to such performances. “Just don’t go,” Hittner wrote, according to The Texas Tribune.
Hittner first struck down the measure in September 2023. However, the 5th U.S. Circuit Court of Appeals later vacated that injunction and returned the case for further review.
The appeals court’s decision allowed SB 12 to take effect in March while the case continued. On remand, Hittner concluded that the changes required by the appellate ruling did not alter his constitutional analysis.
He also denied Ken Paxton’s request for a new trial and additional discovery. The attorney general has already said he plans to appeal the latest decision.
Paxton called the ruling flawed and argued that the law protects children. Meanwhile, plaintiffs and civil liberties advocates welcomed the renewed injunction.
Drag performer Brigitte Bandit, one of the remaining plaintiffs, described the ruling as a relief. She argued that performers should not face punishment for engaging in drag.
The latest decision does not necessarily end the legal fight. However, David Hittner’s ruling once again prevents Texas from enforcing SB 12 while Paxton prepares another appeal.
