A federal judge struck down Texas’ ban on drag performances Tuesday as a violation of the First Amendment.
U.S. District Judge David Hittner, a Reagan-appointee, found that Texas’ law prohibiting “sexually oriented performances” on public property or in the presence of a minors “impermissibly infringes on the First Amendment and chills free speech.” The American Civil Liberties Union (ACLU) filed its lawsuit against the ban on behalf of LGBTQ+ rights advocates and drag queens on Aug. 2.
“Not all people will like or condone certain performances,” the judge wrote. “This is no different than a person’s opinion on certain comedy or genres of music, but that alone does not strip First Amendment protection.”
“However, in addition to the pure entertainment value there are often political, social, and cultural messages involved in drag performances which strengthen the Plaintiffs position,” Hittner continued.
VICTORY: A federal judge has declared Texas’ drag ban unconstitutional.
LGBTQIA+ Texans, venue owners, performers, and our allies all came together to uphold free expression in our state — and we won.
This work isn’t done but for now we celebrate. Long live Texas drag!
— ACLU of Texas (@ACLUTx) September 26, 2023
Hittner issued a temporary injunction Aug. 31, blocking the law the day before it was scheduled to take effect. Texas Republican Gov. Greg Abbott signed the law in June.
“LGBTQIA+ Texans, venue owners, performers, and our allies all came together to uphold free expression in our state — and we won,” the ACLU of Texas tweeted. “This work isn’t done but for now we celebrate. Long live Texas drag!”
On Thursday, U.S. District Judge Matthew Kacsmaryk, a Trump appointee, ruled that the West Texas A&M University president’s decision to cancel a campus drag show did not violate the First Amendment.
All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.
DONATE TO BIZPAC REVIEW
Please help us! If you are fed up with letting radical big tech execs, phony fact-checkers, tyrannical liberals and a lying mainstream media have unprecedented power over your news please consider making a donation to BPR to help us fight them. Now is the time. Truth has never been more critical!
- Jack Smith, Fani Willis forced to defend Trump prosecutions in simultaneous testimonies - December 18, 2025
- Exclusive: Biden State Dept. appeared to ignore emails from would-be Trump assassin - December 16, 2025
- Trump DOJ seeks to block officials from testifying in Judge Boasberg probe - December 12, 2025
Comment
We have no tolerance for comments containing violence, racism, profanity, vulgarity, doxing, or discourteous behavior. Thank you for partnering with us to maintain fruitful conversation.
BPR INSIDER COMMENTS
Scroll down for non-member comments or join our insider conversations by becoming a member. We'd love to have you!
