Federal Appeals Court Rules on Public Drag Performances

A federal appeals court has made a significant ruling regarding public drag performances in Texas. On Thursday, the 5th U.S. Circuit Court of Appeals decided that a previously blocked law, which aims to ban public drag performances, can now go into effect.

A panel of judges on the appeals court reversed a 2023 ruling from a Houston federal judge that had blocked enforcement of the law indefinitely. The court found that the plaintiffs, which include LGBTQ pride organizations and drag performers, largely failed to prove that the law would adversely affect them.

The Law at the Center of the Suit

The law in question is Senate Bill 12, which was passed in 2023. This law prohibits public sexual performances in front of minors. The bill’s author and supporters have stated that the bill would effectively ban all drag performances in public or in the presence of minors.

The law has been a topic of controversy, with some arguing that it is necessary to protect children from exposure to explicit content, while others argue that it is an attack on the LGBTQ community and their right to free expression.

Reaction to the Ruling

The court was divided, with Judge Kurt Engelhardt, an appointee of President Donald Trump, and Judge Leslie Southwick, who was appointed by former President George W. Bush, signing on to the opinion that ordered a Houston federal court to reconsider the case under a free speech framework established by a 2024 U.S. Supreme Court decision on a social media regulation law.

Attorney General Ken Paxton cheered the ruling, stating that he will always work to shield children from exposure to erotic and inappropriate sexually oriented performances. Paxton said that it is an honor to have defended this law and that he looks forward to continuing to vigorously defend it on remand before the district court.

Plaintiffs’ Response

The plaintiffs, including The Woodlands Pride, a Houston-area nonprofit LGBTQ advocacy organization, expressed disappointment with the ruling. They stated that their resolve hasn’t changed and that they will continue to stand with the ACLU and their fellow plaintiffs until this unconstitutional law is struck down for good.

Although the lawsuit challenging the law is not yet dead, the appeals court dismissed any challenges to the criminal penalties that SB 12 created. Violations are a class A misdemeanor, carrying a possible penalty of up to one year in jail and a $4,000 fine for performers.

Free Speech Protections

The ruling stopped short of saying whether drag performances are protected under the First Amendment, which was central to the 2023 ruling that halted the law from taking effect. However, Engelhardt, writing for the majority, said an argument could be made that drag performances, especially those featuring nudity, are not a protected form of expression.

Judge James L. Dennis, an appointee of former President Bill Clinton, dissented in part, stating that the ruling “turns a blind eye to the Texas Legislature’s avowed purpose: a statewide ‘drag ban.'” Dennis said that the majority’s doubt over free speech protections to drag performances was a “gratuitous dictum” that “runs headlong into settled First Amendment jurisprudence.”

Conclusion

In conclusion, the federal appeals court’s ruling on public drag performances is a significant development in the ongoing debate over free speech and LGBTQ rights. While the law is now in effect, the lawsuit challenging it is not yet dead, and the plaintiffs have vowed to continue fighting for their rights.

The ruling has sparked controversy and debate, with some arguing that it is a necessary measure to protect children, while others argue that it is an attack on the LGBTQ community and their right to free expression. As the case continues to unfold, it is likely to have significant implications for the LGBTQ community and the broader debate over free speech and expression.

FAQs

Q: What is Senate Bill 12?

A: Senate Bill 12 is a law passed in 2023 that prohibits public sexual performances in front of minors.

Q: What is the impact of the federal appeals court’s ruling?

A: The ruling allows the law to go into effect, which means that public drag performances can be banned in Texas.

Q: What are the penalties for violating the law?

A: Violations are a class A misdemeanor, carrying a possible penalty of up to one year in jail and a $4,000 fine for performers.

Q: Will the plaintiffs appeal the decision to the Supreme Court?

A: It is unclear at this time whether the plaintiffs will appeal the decision to the Supreme Court.