(LifeSiteNews) — A federal judge ruled this week that Texas’s 2023 law banning “sexually explicit” drag shows from venues where children may see them is unconstitutional and may not be enforced.
Senate Bill 12 states that proprietors of commercial venues “may not allow a sexually oriented performance to be presented on the premises in the presence of an individual younger than 18 years of age,” or else be fined up to $10,000 per violation.
Shortly after Republican Gov. Greg Abbott signed it into law, U.S, District Judge David Hittner struck it down, claiming it “impermissibly infringes on the First Amendment.” But a three-judge panel of the 5th Circuit Court of Appeals reversed him, and reaffirmed that decision in February of this year, clearing the way for the law to take effect.
Now, however, Hittner has doubled down on his initial finding, insisting SB 12 is an “UNCONSTITUTIONAL restriction on speech” that “violates the First Amendment,” The Texan reports.
“S.B. 12 applies to countless protected performances that might contain elements that are ‘in some sense erotic’ and meet either the law’s definition of ‘nude’ or ‘sexual conduct’ but are not obscene or obscene for minors and are thus constitutionally protected,” he wrote, claiming such innocent examples as gymnastic competitions and ballet dances could conceivably run afoul of the law’s terminology.
“Finally, for those who find such activities as described in this case offensive, the solution is relatively simple,” he claimed: “just don’t go.”
Texas Attorney General (and Republican U.S. Senate candidate) Ken Paxton responded on social media, “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.”
Drag has proven to be one of LGBT activists’ favorite outreach tools, using cross-dressing to acclimate children and teens to the concepts of gender fluidity and sexual experimentation with so-called “family-friendly” drag shows at schools and community events, or Drag Queen Story Hour (DQSH) events in which crossdressers read books to children, often at public libraries.
DQSH organizers admit that the concept is intended to give children “unabashedly queer role models,” capture the “gender fluidity of childhood,” teach children to “defy rigid gender restrictions,” and mold them into “bright lights of change in their communities.”
Even “family-friendly” drag events have at times turned out to be anything but, with instances of drag queens teaching kids to twerk and soliciting their email addresses, having children lay on them, and appearing to flash children. Some events have also come under fire for featuring drag queens who are X-rated performers in their “normal” careers, for attracting radical transgender protesters, and even putting convicted pedophiles and prostitutes in close proximity to children.