Federal Judge Declares Texas Law Restricting Sexually Oriented Performances Unconstitutional
A federal judge in Texas has declared a state law that restricts sexually oriented performances unconstitutional. The law, known as Senate Bill 12, banned such performances on public property and in the presence of anyone under the age of 18. However, US District Judge David Hittner ruled that the law infringes on the First Amendment and chills free speech, blocking state authorities from enforcing it.
Senate Bill 12 defines sexually oriented performances as the display of sexual gesticulations using accessories or prosthetics that exaggerate male or female sexual characteristics. It was signed into law by Republican Governor Greg Abbott in June and took effect on September 1. Judge Hittner described the bill as substantially overbroad and unconstitutionally vague.
The sponsor of the legislation, Republican state Senator Bryan Hughes, pledged to continue fighting for the legality of the bill. He argued that children need to be protected from sexually explicit performances and that Senate Bill 12 is a common-sense and constitutional law. Hughes expressed willingness to defend the law in the Supreme Court if necessary.
One of the plaintiffs in the case, Brigitte Bandit, a drag performer, expressed relief at the judge’s injunction. Bandit emphasized the importance of queer Texans being heard by lawmakers and stated that this decision serves as a reminder of their belonging in society.
Efforts to restrict drag show performances have emerged in numerous Republican-led legislatures across the country. Advocates of these restrictions claim that such performances expose children to inappropriate sexual themes and imagery. However, opponents argue that these measures discriminate against the LGBTQ community. Many of these new laws have been paused by courts, including those in Florida, Tennessee, and Montana.
Trans rights activists view these recent court decisions as a vindication of their cause. Sarah Warbelow, the legal director for Human Rights Campaign, highlighted the real harms faced by LGBTQ individuals due to the suspicion or perceived inappropriate behavior associated with drag performances. She argued that drag is a longstanding tradition with various types of performances catering to different audiences.
In the face of these ongoing debates, the recent ruling by the federal judge in Texas marks a significant development in the fight to protect free speech and ensure equal rights for all individuals, regardless of their sexual orientation or gender identity. As the legal battles continue, it remains essential to strike a balance between protecting children and upholding the rights of the LGBTQ community.
