Texas drag show ban ruled ‘unconstitutionally vague’

A federal judge on Tuesday again blocked a Texas law restricting public drag performances, ruling for a second time that the legislation passed in the heavily Republican state violated the US constitution’s free speech protections.

“For those who find such activities as described in this case offensive, the solution is relatively simple: just don’t go,” US district judge David Hittner wrote in his opinion, the second time the Texas-based judge has found the measure in violation of the constitution’s first amendment.

The law had previously been tossed by Hittner in 2023 but was allowed to take effect in 2026 during an appeal.

In his ruling on Tuesday, Hittner wrote that the law is “unconstitutionally vague”, adding performers ranging from Dolly Parton and Elvis Presley to Miley Cyrus could have been subject to penalties under the law if their performances were seen as “erotic”.

Texas attorney-general Ken Paxton’s office had defended the law, which among other restrictions banned “the exhibition of sexual gesticulations using accessories or prosthetics that exaggerate male or female sexual characteristics” in public, or in venues where people under 18 may see it.

Paxton, a Republican who is running for the Senate, called the ruling “a profoundly flawed decision that endangers our children and is an affront to Texas values”.

Opponents of the law criticised it as too broad and said it was explicitly intended to target LGBTQI+ performers.

“Today’s decision confirms the legislature’s attempt to ban drag performances was unconstitutional from start to finish,” said Brian Klosterboer, senior staff attorney at the American Civil Liberties Union of Texas, which represented the plaintiffs.

“Drag has a rich history as a refuge of joy and liberation for countless Texans and it’s not going anywhere.”