New Orleans – In a divided ruling that hands Texas a major victory in the culture wars, the 5th U.S. Circuit Court of Appeals on Thursday overturned a lower court’s block on Senate Bill 12, allowing the state to enforce its 2023 law criminalizing “sexually oriented performances” in front of minors. The decision, issued by a three-judge panel, reinstates penalties for venues hosting drag shows or similar events deemed explicit when children under 18 are present, sparking cheers from conservatives and cries of censorship from LGBTQ+ advocates.
The law, signed by Gov. Ron DeSantis in May 2023, prohibits nude or partially nude performances that “appeal to the prurient interest in sex” on public property or in spaces accessible to kids, with fines up to $4,000 for businesses and misdemeanor charges for performers. It doesn’t explicitly name drag shows, but Republican sponsors, including Rep. Nate Schatzline, R-Rowlett, targeted them amid a national backlash to “family-friendly” events like Drag Queen Story Hours. A Houston federal judge halted enforcement in September 2023, ruling it violated First and 14th Amendment rights by discriminating against drag artists.
The appeals court, in a 2-1 opinion penned by Judge Kyle Duncan, a Trump appointee, vacated the injunction, finding most plaintiffs—a drag performer, production companies, and pride groups—lacked standing because they couldn’t prove intent to stage “sexual” shows. “The law targets conduct, not expression,” the majority held, affirming Texas’s compelling interest in shielding children from obscenity. Judge James Dennis, a Clinton appointee, partially dissented, arguing the panel ignored legislative intent to broadly suppress drag.
Texas Attorney General Ken Paxton celebrated: “Common sense prevails—kids protected from adult entertainment.” The ACLU of Texas, representing plaintiffs like Brigitte Bandit and The Woodlands Pride, decried the reversal as “heartbreaking,” vowing Supreme Court appeal. “This isn’t safety; it’s suppression of free speech,” ACLU attorney Seth Galanter said, noting the law’s vagueness could chill all artistic expression.
As the ruling takes effect—except in Travis and Bexar counties where local injunctions linger—the decision joins a patchwork of state drag restrictions, from Tennessee’s upheld ban to Montana’s pending cases. Amid Trump’s 2.1 million deportations and the 36-day shutdown’s SNAP freeze, the case highlights America’s fault lines: Parental shields or performative prejudice? For Texas families, it’s a win; for performers, a curtain call deferred.
