US judge throws out Texas ban on drag act calling it “unconstitutional”

Sep 27, 2023

US judge throws out Texas ban on drag act calling it “unconstitutional”

Sep 27, 2023

A federal judge in Texas ruled on Tuesday that the state’s new law limiting public drag performances was an unconstitutional restriction on speech and he permanently forbid enforcement of it.

“Not all people will like or condone certain performances,” U.S. District Judge David Hittner wrote. “This is no different than a person’s opinion on certain comedy or genres of music, but that alone does not strip First Amendment protection.”

More than a dozen states have sought to restrict drag shows over last year, with Texas one of at least four to pass restrictions into law, part of broader Republican efforts to regulate the behavior of LGBT people.


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Hittner ruled that the Texas law was discriminatory and improperly vague. He said drag performances were not inherently obscene, and were the sort of expressive speech protected by the U.S. Constitution’s First Amendment.

According to Yahoo, Drag performers and Pride march organizers joined the American Civil Liberties Union of Texas in a lawsuit in Houston’s federal court seeking to block the law. Modern drag has roots in musical and dance performances in LGBT venues.

The office of the Texas attorney general 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. Violations could be punished by fines and a jail sentence of up to one year.

Texas lawmakers said the law was needed to protect children from seeing “sexually explicit” content. Opponents of the law said it was so broad that it appeared to criminalize acts by pop stars and cheerleaders, and that it was explicitly intended to target LGBT performers.

About the Author

End Time Headlines is a ministry founded, owned, and operated by Ricky Scaparo, established in 2010 to equip believers and inform discerning individuals about the “Signs and Seasons” of the times in which we live. Ricky authors original articles and curates news from mainstream sources, carefully selecting topics, verifying information, and utilizing artificial intelligence tools to ensure content is both timely and accurate. Every piece is personally reviewed and edited by Ricky to align with the ministry’s mission of providing a prophetic perspective on current events.

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