'Drag ban' ruled unconstitutional by federal judge
AUSTIN - A Federal Judge has ruled that Senate Bill 12 (SB 12), also known as 'drag ban,' violates the First Amendment of the United States Constitution.
SB 12 sought to ban specific sexually oriented performances from being conducted in front of minors under 18 years old on public property and the premises of commercial businesses. The bill also imposed penalties on owners of companies which allowed such performances to take place in front of minors, with a fine of up to $10,000.
AUSTIN, TEXAS - AUGUST 26: Austin, Tx, drag queen Brigitte Bandit reads a book during a drag time story hour at The Little Gay Shop fashion accessories store on August 26, 2023 in Austin, Texas. SB12, a bill seeking to regulate sexually oriented perf
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The judge issued a permanent injunction, preventing SB 12 from taking effect and becoming law.
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The judge's ruling is based on the argument that SB 12 violates the First Amendment rights, particularly the freedom of speech, as it restricts certain performances from being held in the presence of minors.
Proponents of the law contend its primary goal is to shield children from explicit and sexualized content. At the same time, opponents believe it curtails the rights of artists and businesses to express themselves freely.