Texas anti-drag law ruled unconstitutional by federal judge

A federal judge has reaffirmed that Texas Senate Bill 12, a law intended to restrict certain sexually oriented performances, is unconstitutional. U.S. District Judge David Hittner ruled on Tuesday that the law violates the First Amendment, marking a second such decision regarding the legislation.

Hittner noted that the law is overly broad in its definitions of performance and nudity, suggesting it could potentially penalize activities such as provocative cosplay, swimming athletes, or impersonators. He stated that the law is targeted based on content and viewpoint, noting that “the vast majority of the law’s numerous applications violate the First Amendment.”

The ruling follows a previous decision by the 5th U.S. Circuit Court of Appeals that returned the case to Hittner with specific instructions. While the appellate court had unblocked the law temporarily, Hittner’s latest order pauses its enforcement once again. Texas Attorney General Ken Paxton, the sole remaining defendant in the suit, has pledged to appeal the decision.