Children and youth

Texas Judge Rules Against Restrictions on 'Sexually Oriented Performances'

SEP 27 2023·Updated AUG 27

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Image credit: Wikimedia Commons

The Facts

A federal judge in Texas struck down a state law that restricted “sexually oriented performances” on public property or in the presence of minors, ruling that limits on such performances– including drag shows– are unconstitutional.
Reuters
The legislation in question, Senate Bill 12, doesn't mention drag shows by name, but some critics say it could allow the state to target the LGBTQ+ community since it refers to “a male performer exhibiting as a female”, or vice versa, as a “sexually oriented performance."
FOX News
Reagan-appointed US District Judge David Hittner acknowledged that “Not all people will like or condone certain performances” but added that the Texas law “impermissibly infringes on the First Amendment and chills free speech.”
NBC
Texas Gov. Greg Abbott first signed the bill into law in June, and Senate Bill 12 went into effect on Sept. 1. Hittner’s ruling now prevents the state from enforcing the regulations, but the bill’s sponsor, Texas state Sen. Bryan Hughes, said he would continue to fight for the bill’s legality.
CNN
The American Civil Liberties Union of Texas and Baker Botts LLP filed the lawsuit on behalf of several LGBTQ+ groups and a drag performer known as Brigitte Bandit.
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The Spin

Democratic narrative

Not only did this discriminatory bill infringe on the rights of LGBTQ+ performers, but it was also so overly broad in scope that it could lead to a wide range of issues beyond just targeting drag performers. Thankfully, a federal judge saw through this assault on the First Amendment and struck it down.

The New Republic

Republican narrative

Contrary to criticisms, this bill doesn't seek to target the LGBTQ+ community but rather to protect children from inappropriate content, regardless of who circulates it. This ruling, however, prioritizes the interests of adults over the defense of America's youth. Texas — and the US as a whole — must keep fighting for its minors.