A federal judge struck down a Texas law restricting drag show performances for the second time Tuesday, ruling that its broad language could have been used to penalize mainstream entertainers including Dolly Parton, Jennifer Lopez and Miley Cyrus.

Senate Bill 12 was signed into law by Gov. Greg Abbott in June 2023. The legislation prohibited "sexually oriented performances" from occurring in public places or venues where someone under 18 years old might be present. Business owners who hosted drag show events faced fines up to $10,000, and performers could have been charged with a class A misdemeanor.

U.S. District Judge David Hittner, appointed by President Ronald Reagan, first struck down the law in September 2023 on five constitutional grounds. The case was remanded back to his court after the Supreme Court issued its Moody v. NetChoice decision in 2024, which clarified how courts must evaluate First Amendment challenges.

What the Left Is Saying

LGBT rights organizations and drag performers who filed the lawsuit celebrated Hittner's ruling as a victory for free expression. Brigitte Bandit, a plaintiff in the case whose performances include impersonations of Dolly Parton, issued a statement through legal counsel.

"Drag has always been a form of free expression, and it is a relief that the court recognized that today," Bandit said in the statement. "We use our performances to assert liberation, power, and joy with our community. As a lifelong Texan, I'm sick of this state trying to censor art and stoke hatred and violence against drag artists and the LGBTQIA+ community."

The American Civil Liberties Union of Texas, which was involved in the litigation, argued that SB 12 was an unconstitutional overreach targeting a specific community. The groups maintained throughout the case that the law's vague language invited discriminatory enforcement.

What the Right Is Saying

Attorney General Ken Paxton, who is running for U.S. Senate, condemned the ruling and announced plans to appeal. In a post on X, Paxton wrote: "This is a profoundly flawed decision that endangers our children and is an affront to Texas values. I will appeal this decision immediately and continue to fight to protect our kids."

Supporters of the law argued that it was necessary to restrict performances deemed inappropriate for minors in public settings. State legislators who backed SB 12 maintained that the measure targeted sexualized content rather than any particular community, though critics said its language was broad enough to capture a wide range of entertainment.

Gov. Abbott's office did not immediately respond to requests for comment on the ruling. The governor had described the legislation as a ban on public drag performances when he signed it in 2023.

What the Numbers Show

Under SB 12, business owners faced civil penalties of up to $10,000 per violation for hosting targeted performances. Individual performers could have been charged with a class A misdemeanor, which carries potential jail time in addition to fines.

Judge Hittner's ruling noted that the law did not define key terms, including what constitutes "prurient interest in sex" or who determines whether a performance appeals to that standard. The judge wrote that under this vagueness, "a single moment of eroticism could condemn an entire performance to criminal or civil penalties."

Hittner listed cheerleading, dancing and live theater among the activities he said could potentially be restricted under the law's broad language.

The Bottom Line

Judge Hittner immediately and permanently barred Attorney General Paxton from enforcing SB 12. However, Paxton's stated intention to appeal means the legal battle is likely not over.

The ruling comes weeks after a federal appeals court approved a Florida law restricting children from sexually explicit performances, creating potential precedent that Texas could cite in future litigation. The outcome of Paxton's promised appeal will determine whether Texas can craft a narrower version of the restrictions that survives constitutional scrutiny.

For now, drag performers and entertainment venues in Texas may operate without fear of penalties under SB 12, though the state has indicated it will continue pursuing legal avenues to restrict performances it considers inappropriate for minors.