The U.S. Court of Appeals for the Fifth Circuit has reinstated Texas Senate Bill 12. The law restricts “sexually oriented performances,” including certain drag shows.
A federal district court in 2023 declared S.B. 12 unconstitutional under five separate constitutional grounds. That ruling stopped the law from taking effect statewide.
Next, the Fifth Circuit reversed the lower court’s injunction and remanded the case for further review. The appeals court requested additional analysis on one unresolved constitutional issue.
Then, judges clarified that S.B. 12 applies only to drag performances that are “sexually oriented” and “erotic.” Performances at The Woodlands Pride and Abilene Pride festivals did not meet that definition.
Additionally, drag shows deemed “sexual in nature” and performed before minors could lead to legal penalties. Performers and venues may face fines or jail time if found in violation.
Moreover, this ruling allows the law to take effect for the first time in over two years. However, injunctions against prosecutors in Travis and Bexar Counties remain active, since those offices did not appeal.
Also, the district court’s prior reasoning declaring S.B. 12 unconstitutional still stands. Legal teams for The Woodlands Pride and other plaintiffs are now evaluating potential next steps.
Finally, the ACLU of Texas and its clients expressed deep disappointment with the ruling. “Drag is not a crime,” they stated. “It is art, joy, and resistance — and we will continue the fight.”
