A Texas law banning some drag performances in public spaces goes into effect today, though a lawsuit challenging it is ongoing.
State lawmakers passed Senate Bill 12 in 2023, restricting “sexually oriented performances” in public spaces or in front of children. A federal court declared the law unconstitutional, but after a lengthy court battle an appeals court last month ruled the state can enforce it.
Brian Klosterboer, an attorney with the ACLU of Texas, which brought the lawsuit, said the law's wording is confusing.
“That is still unconstitutionally vague and problematic because what is considered sexual or erotic is often in the eye of the beholder,” he said.
According to Klosterboer, the Fifth Circuit Court of Appeals ruled family-friendly drag shows such as the Woodlands Pride and Abilene Pride Alliance – the two plaintiffs in the case – are not affected by SB12.
SB12 is not limited to drag performance but any performance that someone can deem sexual, he said.
“From a Shakespeare play to the Dallas Cowboys cheerleaders, this could have a dramatic and chilling effect on the performing arts all across Texas,” Klosterboer said.
The penalties for an individual performer can be a year of jail time with a fine up to $2,000. Venues that host these shows can face a fine up to $10,000.
According to the ACLU of Texas, “criminal penalties also do not apply on public property if the performance is “at a time, in a place, and in a manner that could [not] reasonably be expected to be viewed by a child.”
Klosterboer said many businesses are already canceling performances because of fear of inadvertently violating the law and that the fines could be catastrophic.
Supporters of SB12, including Texas Gov. Greg Abbott, have said it’s a “major victory for Texas kids.” Critics say it portrays all drag performances as sexual or obscene.
Klosterboer said the ACLU will continue the case in court.
“We’re hopeful that we can get future court decisions that’ll protect even more types of drag shows,” Klosterboer said. “All of those very family-friendly, PG drag shows can still go forward.”
Avery Escamilla-Wendell is KERA’s news intern. Got a tip? Email Avery at aescamillawendell@kera.org. You can follow heron Instagram @by_avery_escamilla.
