# US state laws regarding drag shows and minors

> Live situation record from CLSTR: https://clstr.news/situations/us-state-laws-regarding-drag-shows-and-minors
> Updated: 2026-08-31T15:30:04.000Z. Sources: 31. Developments: 4.

Legal challenges regarding state laws restricting minors from attending drag performances have seen divergent outcomes in Florida and Texas.

In Florida, the U.S. Court of Appeals for the Eleventh Circuit upheld the Protection of Children Act in an 8-5 en banc decision. The court ruled that the 2023 statute, which makes it a misdemeanor for businesses to knowingly admit minors to performances depicting nudity or sexual conduct, does not violate the First or Fourteenth Amendments.

In Texas, U.S. District Judge David Hittner has repeatedly struck down Senate Bill 12, ruling the law unconstitutional. The statute prohibited “sexually oriented performances” in the presence of individuals under 18. Judge Hittner determined the law’s definitions were so broad and vague they could impact protected activities such as cosplay, musicals, or impersonators. He criticized the statute’s use of the term “prurient interest in sex,” stating it lacks clear meaning and allows for subjective enforcement.

Following a ruling by the 5th U.S. Circuit Court of Appeals that temporarily unblocked the law, Judge Hittner issued a subsequent order pausing enforcement once again. He reaffirmed that the law violates the First Amendment, noting that “the vast majority of the law’s numerous applications violate the First Amendment.” He maintained that for those offended by such performances, “the solution is relatively simple . . . just don’t go.”

Texas Attorney General Ken Paxton, the sole remaining defendant in the suit, has criticized the rulings as “a profoundly flawed decision that endangers our children and is an affront to Texas values” and has pledged to appeal the decision.

## Claims

- The law prohibited sexually oriented performances in the presence of minors. (corroborated by 21 sources)
- Texas Senate Bill 12 violates the First Amendment by restricting protected speech. (corroborated by 20 sources)
- The law's vague definitions could potentially criminalize performances by figures like Dolly Parton or Elvis Presley. (corroborated by 20 sources)
- Business owners violating the law could face fines of up to $10,000. (corroborated by 14 sources)
- Individuals offended by the performances should simply choose not to attend. (corroborated by 11 sources)
- Performers could be charged with a Class A misdemeanor, potentially carrying up to one year in jail. (corroborated by 10 sources)
- The judge issued a permanent injunction against the enforcement of Senate Bill 12. (corroborated by 4 sources)

## Timeline

### 2026-08-31: Texas anti-drag law ruled unconstitutional by federal judge

A federal judge reaffirmed that Texas Senate Bill 12 is unconstitutional, ruling that the law targeting sexually oriented performances violates First Amendment protections.

2 sources. https://clstr.news/cluster/texas-anti-drag-law-ruled-unconstitutional-by-federal-judge

### 2026-08-27: Federal judge blocks Texas law targeting drag performances

A federal judge struck down Texas Senate Bill 12, ruling that the law restricting drag performances is unconstitutionally vague and violates First Amendment free speech protections.

8 sources. https://clstr.news/cluster/federal-judge-blocks-texas-law-targeting-drag-performances

### 2026-08-25: Texas Senate Bill 12 struck down again by federal judge

A federal judge has struck down Texas Senate Bill 12, ruling the law restricting “sexually oriented performances” is unconstitutionally vague and violates First Amendment free speech protections.

22 sources. https://clstr.news/cluster/texas-drag-show-ban-ruled-unconstitutional-by-federal-judge

### 2026-08-10: Florida law restricting minors at drag shows upheld by appeals court

A federal appeals court upheld Florida’s Protection of Children Act, ruling that restrictions on minors attending adult live performances, such as drag shows, do not violate constitutional rights.

2 sources. https://clstr.news/cluster/florida-law-restricting-minors-at-drag-shows-upheld-by-appeals-court

---
Cite as: US state laws regarding drag shows and minors. CLSTR, https://clstr.news/situations/us-state-laws-regarding-drag-shows-and-minors
