An appeals court on Thursday upheld a Texas law that limits performances involving sexual prosthetics and other elements, reversing a lower court's decision against the law, known as S.B. 12.
The legislation permits local governments to regulate “sexually oriented” performances when necessary to protect public health, safety, or welfare. It also prohibits children from being present near such performances.
Texas Attorney General Ken Paxton described the appellate ruling as a “victory” for shielding children from “erotic” drag shows.
“I will always work to shield our children from exposure to erotic and inappropriate sexually oriented performances,” Paxton said. “It is an honor to have defended this law, ensuring that our state remains safe for families and children, and I look forward to continuing to vigorously defend it on remand before the district court.”
Several drag and LGBTQIA+ organizations filed a lawsuit against Paxton, arguing that the law is excessively broad, vague, and infringes on First Amendment rights.
They claimed the law “unconstitutionally singles out drag performances as a disfavored form of expression.”
The appeals court’s ruling allows Texas to continue enforcing S.B. 12, highlighting a legal battle over free expression and the regulation of performances deemed sexually explicit, especially concerning minors.
Author's summary: The appeals court ruling supports Texas' law restricting certain sexualized performances, sparking debates about child protection and free speech rights.