"The U.S. Court of Appeals for the Fifth Circuit on Thursday vacated a lower court ruling that blocked Texas's Senate Bill 12, the state's controversial "sexually oriented performances" law, and ordered a narrower review, reopening one of the nation's most closely watched legal battles over drag and LGBTQ+ expression. The three-judge panel found that only one plaintiff, San Antonio-based 360 Queen Entertainment, had standing to challenge the law."
"Senate Bill 12, signed by Republican Gov. Greg Abbott in 2023, makes it a crime to host or perform a "sexually oriented performance" in public or in the presence of minors. Though it never mentions drag, state leaders framed it as a drag ban. Lt. Gov. Dan Patrick called it an effort to "ban children's exposure to drag shows," and bill author Sen. Bryan Hughes said it targeted "sexually explicit performances like drag shows.""
"The ruling marks a sharp turn from a September 2023 decision by U.S. District Judge David Hittner, who struck down S.B. 12 as an unconstitutional restriction on free speech. At the time, Hittner wrote that the statute "impermissibly infringes on the First Amendment and chills free expression," noting its vague language could criminalize everything from drag story hours to theater performances."
The Fifth Circuit vacated a district court injunction against Texas's S.B. 12 and ordered a narrower review of the law. The appeals panel held that only San Antonio-based 360 Queen Entertainment had standing to challenge the statute, citing aspects of its shows that could arguably fall within the law's reach. Other plaintiffs were found to lack standing because their family-oriented events did not appeal to a prurient interest in sex. S.B. 12 criminalizes hosting or performing a "sexually oriented performance" in public or before minors and was framed by state leaders as targeting drag performances.
Read at Advocate.com
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