[REVISION HISTORY]

US state laws regarding drag shows and minors

Updated 4 times since CLSTR started tracking revisions of this situation.

What changed

2026-08-27 07:57 UTC → 2026-09-01 19:29 UTC · added ~~removed~~

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. ~~The court found the law was not unconstitutionally vague or overbroad and was rationally related to the state’s interest in protecting minors.~~ 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, carrying potential fines of $10,000 for businesses and Class A misdemeanor charges for performers.~~ 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 ~~warned~~ reaffirmed that the law could potentially criminalize mainstream entertainment including ballet, musical theater, cheerleading, and tribute performances for artists such as Elvis Presley, Miley Cyrus, or Dolly Parton. Issuing a permanent injunction against violates the ~~enforcement~~ First Amendment, noting that “the vast majority of the ~~law,~~ law’s numerous applications violate the ~~judge noted~~ First Amendment.” He maintained that for those offended by such performances, “the solution is relatively simple . . . just don’t go.” ~~This prevents~~ Texas Attorney General Ken ~~Paxton from enforcing~~ Paxton, the ~~ban. Paxton~~ sole remaining defendant in the suit, has criticized the ~~ruling, calling it~~ rulings as “a profoundly flawed decision that endangers our children and is an affront to Texas ~~values.”~~ values” and has pledged to appeal the decision.

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