A Texas judge had some stern advice for those offended as he struck down a ban on drag shows.
Judge David Hittner determined that S.B. 12, which sought to ban drag shows and other “sexually oriented performances,” was so vague that it qualified as unconstitutional. His 34-page decision now marks the second time the ban has been struck down by the Houston Federal Court since it was challenged in August 2023.
“S.B. 12 is·unconstitutionally vague because it fails to give a reasonable person notice of what is prohibited. Even though multiple aspects of the law render it vague, the most glaring issue “relates to the term ‘prurient interest in sex.”‘ Woodlands Pride, 694 F. Supp. 3d at 849. Because this term is undefined in Texas law, lacks a readily ascertainable ordinary meaning, and applies to all performances targeted by the statute, it renders S.B. 12 irredeemably vague,” he wrote.
“Based on the plain language of S.B. 12, the definition of ‘nude’ potentially applies to performances that are not obscene or obscene for minors,” he said, pointing out that one of the drag queens involved in the case sometimes dresses up as Dolly Parton. He also noted there were many times when entertainers were labeled as “obscene,” and would be subject to penalties under the bill.
“Just as many people criticized Elvis’s signature hip gyrations and were offended by his display of male sexuality, chastised Dolly Parton as a voluptuous sex symbol because of her big hair, flamboyant clothes and breast exposure, and shamed Miley Cyrus for ‘twerking’ on stage during a live performance at the 2013 MTV Video Music Awards, there are ‘erotic’ elements in countless popular performances that could be subject to both civil and criminal penalties under S.B. 12.,” the judge suggested.
For those who find themselves offended by such performances, Hittner had a solution.
“Finally, for those who find such activities as described in this case offensive, the solution is relatively simple … just don’t go.”
X users reacted to the decision:
Finally someone who respects the freedom of speech enshrined the US Constitution
— Otho Thorn (@OthoThorn) August 26, 2026
Can’t believe it took a Judge to tell these people to “just don’t go.” Nobody forces people to see a drag show just like nobody forces you to eat at a particular restaurant or see a specific movie or sporting event. People who want to ban drag shows are just so ridiculous.
— Kindnessisfree (@got2bkind) August 26, 2026
Wait, wait, wait. Your telling me I don’t have to attend or watch things I don’t like?
What a concept!
— Adam (@AdamNextDoor) August 26, 2026
Sure, get rid of public indecency laws too! “Just don’t look!”
— ConservamemeHQ (@ConservamemeHQ) August 26, 2026
So, according to this judge, you can put p*rn on TV or in the Movie Theater, and the kids can just “Not go” and “Not watch”???
What kind of ruling is this garbage
— Travis Powell (@medix186) August 26, 2026
Does the same logic apply to bars, strip clubs, rated R movies…?
— Andrew 🇺🇸 (@AndrewDCGE) August 26, 2026
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Sierra Marlee is a millennial whose hunger for the truth in a world of fake news has led her to write. Marlee also contributes to BizPac Review.
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