A federal judge in Houston has blocked Texas’ law prohibiting explicit sexual performances in front of children, finding it unconstitutional. Attorney General Ken Paxton, who is now blocked from enforcing the law, is appealing the district court decision to the U.S. Fifth Circuit Court of Appeals.
The law known as Senate Bill 12—dubbed a “drag show ban” by its detractors—regulates sexually oriented performances on public property and in the presence of minors. The Office of the Attorney General (OAG) and local municipalities are responsible for enforcing it.
Background
U.S. District Judge David Hittner of the Southern District of Texas had blocked the OAG—as well as co-defendants Taylor County, Montgomery County, the City of Abilene, and four district attorneys—from enforcing the law before it took effect on September 1, 2023. He concluded that the law was an unconstitutional restriction on speech.
This was the result of a lawsuit brought by female “drag” performer Brigitte Bandit and others in the drag industry, alleging that the law violates the First and Fourteenth Amendments by squelching free speech and being too vague.
It was not until November 2025 that the U.S. Fifth Circuit Court of Appeals vacated Hittner’s injunction, finally allowing the law to be enforced while the case proceeded on the merits at the district court level.
The Fifth Circuit directed Judge Hittner to dismiss the claims against all defendants but AG Paxton—leaving him as the sole defendant. It also held that two plaintiffs lacked standing because their intended activities were not “arguably proscribed” by SB 12.
The remaining plaintiffs are Bandit, Extragrams LLC, and 360 Queen Entertainment LLC.
On remand, Judge Hittner was directed to consider a single question.
“Because the plaintiffs only have standing to assert their claims against the Attorney General, and the Attorney General only has the authority to enforce Section One, the sole remaining issue on appeal is whether the plaintiffs have established that Section One, on its face, violates the First Amendment,” reads the Fifth Circuit opinion.
Section One of SB 12 prohibits a “person who controls the premises of a commercial enterprise” from “allow[ing] a sexually oriented performance to be presented on the premises in the presence of an individual younger than 18 years of age.”
The Ruling
On Tuesday, Judge Hittner released his decision—again declaring SB 12 an unconstitutional restriction on free speech, this time permanently blocking the OAG from enforcing it.
“The Court concludes that Texas Senate Bill 12 violates the First Amendment as incorporated to the State of Texas by the Fourteenth Amendment of the United States Constitution,” wrote Hittner. “The Court further ORDERS that the Attorney General of Texas is immediately and permanently enjoined from enforcing Texas Senate Bill 12.”
Following the decision, Paxton announced on X that he will be appealing Hittner’s decision back to the Fifth Circuit—where he could receive another favorable ruling.
“This is a profoundly flawed decision that endangers our children and is an affront to Texas values,” wrote Paxton. “I will appeal this decision immediately and continue to fight to protect our kids.”
Brady Gray of Texas Family Project noted that “This is now twice that Judge Hittner has ruled in favor of drag perverts and against common sense legislation designed to protect children.”
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