Federal judge blocks Texas drag ban a second time

A federal judge in Houston ruled Tuesday that Texas cannot enforce Senate Bill 12, its ban on ‘sexually oriented performance’ around minors, marking the second time U.S. District Judge David Hittner has blocked the law after the Fifth Circuit revived it in 2025.

Hittner found the law's definitions of ‘visual performances,’ ‘nude,’ and ‘prurient interest in sex’ so broad they could sweep in sports games, art exhibitions, and performances by Lady Gaga or Miley Cyrus, not just drag shows. He also reaffirmed his earlier finding that the law amounts to unconstitutional content and viewpoint discrimination.

The ACLU of Texas celebrated the ruling as a win for free expression, while Texas Attorney General Ken Paxton announced he would immediately appeal, calling the decision an ‘affront to Texas values.’ The law's fate now heads back toward the same appellate court that revived it once already.

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