Hold onto your hats, folks -- Texas just scored a major legal victory in the culture wars with a federal appeals court ruling that lets the state clamp down on certain drag performances in public spaces.
A recent decision by the 5th U.S. Circuit Court of Appeals has greenlit Texas to enforce a 2023 law, known as Senate Bill 12, which restricts drag shows deemed sexually oriented from taking place in public or in front of children, as Breitbart reports.
This law, Senate Bill 12, specifically targets performances involving suggestive dancing or the use of certain prosthetics when done on public property or where minors are present.
Under SB 12, a “sexually oriented performance” is spelled out as one featuring nudity or explicit conduct, including physical or simulated contact with specific body parts, and must appeal to a prurient interest in sex.
Break the rules, and the consequences are steep -- business owners hosting such events could be hit with a $10,000 fine, while performers risk a Class A misdemeanor charge.
As Fox News reported, “Senate Bill 12 bans drag performers from dancing suggestively or wearing certain prosthetics on public property or in front of children.” Well, that’s a clear line in the sand, though one wonders if the state’s next move will be hiring dance critics to judge “suggestive” on a case-by-case basis.
The three-judge panel from the 5th U.S. Circuit Court of Appeals overturned a block on the law, sending the case back to the district court with a pointed message.
They found that most challengers, including a drag performer, a production company, and pride organizations, couldn’t prove they planned to stage performances meeting the law’s definition of sexually oriented, meaning they weren’t at risk of harm.
The Associated Press noted the court panel “found that most of the plaintiffs -- a drag performer, a drag production company and pride groups -- failed to show that they intended to conduct a ‘sexually oriented performance,’ and therefore, could not be harmed by the law.” A polite way of saying, “If your show isn’t crossing that line, why are you worried?” -- but it sidesteps how chilling such laws can be on free expression.
The judges also made it clear they don’t view all drag shows as inherently explicit, a nuance that might surprise those quick to paint this as a blanket ban.
Meanwhile, Texas has seen related cultural clashes, like when Texas A&M University officials directed campus leaders to cancel planned drag events earlier in March, as reported by Breitbart News.
Video evidence has surfaced of drag performers on stage in Lockhart, Texas, and others reading to mixed audiences of kids and adults, raising questions about where the line should be drawn.
Adding fuel to the fire, another bill, Senate Bill 1601, was introduced in April to cut state funding for libraries hosting drag queen events, according to Breitbart News.
Critics of these performances often point to isolated but troubling incidents, such as the Houston Public Library hosting a registered sex offender to read to children during a story hour event, as a reason for tighter controls.
While one bad apple doesn’t spoil the bunch, it’s hard to ignore how such cases amplify public concern over protecting young audiences.