Houston federal judge David Hittner issued a temporary restraining order blocking Texas' drag ban from taking effect on Sep. 1.
Brandon Bell/Getty Images
Chron.
By Michael Murney
A federal judge in Houston has temporarily blocked a Texas law that would effectively criminalize drag performance statewide.
In a Thursday ruling, U.S. District Judge David Hittner issued a temporary restraining order stopping Texas' Senate Bill 12 from taking effect on Friday as scheduled, according to the Associated Press. The decision comes after drag performers and LGBTQ advocates protested the law in court, arguing that the measure endangers the "livelihood and free expression of many Texans, including drag performers across our state."
The law levies criminal penalties on businesses that host certain "sexually oriented performances." "Though SB 12 doesn't mention drag specifically, Texas Republicans have explicitly stated that the law aims to restrict drag performance. Lt. Gov. Dan Patrick said the law aims to ban "sexualized performances and drag shows in the presence of a minor," according to ABC News.
Article continues below this ad
Hittner sided with the performers in his order, stating the new law is likely unconstitutional and violates complainants' First Amendment rights. According to the Associate Press, Hittner plans to follow the temporary injunction with a more permanent order in the days to come.
Experts argue that the SB 12's true aim has little to do with protecting kids. Harvard Law School clinical instructor Alejandra Caraballo told Chron that the true aim of measures like SB 12 is to target the LGBTQ community as a whole. "They use children as the pretense but the reality is, they want LGBTQ people out of public life."
The legislation has already placed at least one adults-only Houston-area LGBTQ venue in potential jeopardy. In July, the owner of Houston's only lesbian bar learned that her insurance provider declined to renew a policy she needed to run the bar, citing the specter of criminal penalties for hosting drag performances that could be imposed if SB 12 passed.