Paxton vows immediate appeal of ruling striking down SB 12

A U.S. district court on Tuesday permanently blocked Texas from enforcing its ban on drag performances, with Judge David Hittner declaring Senate Bill 12 an unconstitutional restriction on speech and ordering the state permanently enjoined from enforcing it. Hittner, a Reagan appointee who issued the 2023 ruling striking down the law, said that “for those who find such activities as described in this case offensive, the solution is relatively simple … just don’t go.”

The decision is the latest turn in a court fight that began when Gov. Greg Abbott signed Senate Bill 12 into law in June 2023. The measure banned “sexually oriented performances,” imposing civil penalties on businesses that host them and criminal penalties on performers. A court ruled the law unconstitutional in 2023, and an appeals court in February allowed it to take effect while sending the case back to the district court for review.

Texas Attorney General Ken Paxton, who is running for the U.S. Senate with President Donald Trump’s endorsement, called the ruling “flawed,” arguing that it will endanger children and that it is “an affront to Texas values.”

“I will appeal this decision immediately and continue to fight to protect our kids,” Paxton said online.

Civil rights and LGBTQ advocates welcomed the decision. Brian Klosterboer, senior staff attorney at the American Civil Liberties Union of Texas, which filed the original lawsuit in August 2023, said in a statement: “Today’s decision confirms that the legislature’s attempt to ban drag performances was unconstitutional from start to finish.”

“This law stifled free expression across our state and made people afraid to engage in or attend drag shows and other performances. But all Texans — no matter our gender or background — are guaranteed the right to free expression,” Klosterboer said.

Brigitte Bandit, a drag performer and a plaintiff in the case, called the ruling “a relief.”

“As a lifelong Texan, I’m sick of this state trying to censor art and stoke hatred and violence against drag artists and the LGBTQIA+ community. No one should be punished for performing drag, and I wish lawmakers would take steps to protect kids from real dangers in our state instead of trying to divide and marginalize us,” Bandit said.

Paxton’s promised appeal would return the dispute to the appeals court that allowed the law to take effect in February.