Federal Judge Permanently Prohibits Enforcement of Texas Drag Ban

Rules that banning certain performances violates First Amendment.

District Judge David Hittner ruled this week that Texas’s state law limiting public drag performances violated the First Amendment, permanently banning the enforcement of the law. The state law, SB 12, which went into effect on September 1, would have fined those who violated it and imposed a jail sentence of up to one year.

“Not all people will like or condone certain performances,” Judge 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.”

Judge Hittner ruled that the law was improperly vague and discriminatory against LGBTQ+ people. He also pushed back against the state’s argument that the law was necessary to protect children from “sexually explicit” content. He said that drag performances, like many art forms, are not inherently obscene.

As the Lord Leads, Pray with Us…

  • For Judge Hittner to seek God’s wisdom as he rules on the constitutionality of state laws.
  • For federal judges throughout the nation to be discerning as they issue decisions that impact U.S. citizens.
  • For the justices of the Supreme Court as they prepare to begin the new term.

Sources: Reuters, NBC News


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