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Key Takeaways

  • Texas's Senate Bill 12, restricting "sexually oriented performances" in public, is now enforceable statewide after a Fifth Circuit Court of Appeals ruling.
  • The law's 'unconstitutionally vague' wording is a central argument in the ongoing lawsuit from the ACLU of Texas, raising First Amendment concerns.
  • The appeals court noted that 'family-friendly' drag shows, like those of the plaintiffs, are likely not affected by SB12, providing some clarification.
  • Penalties for violating SB12 include up to a year of jail time and a $2,000 fine for individual performers, and fines up to $10,000 for venues.
  • Legal analysts warn SB12 could broadly impact various performing arts beyond drag, due to its general language, creating a public policy issue regarding artistic expression.
So, you know that big debate in Texas about drag shows? Well, it just took another turn. A federal appeals court just gave Texas the green light to start enforcing Senate Bill 12 (SB12). This is that law state lawmakers passed back in 2023. It aims to restrict “sexually oriented performances” in public spaces or where kids can see them. A federal court first said the law was unconstitutional, basically putting it on pause. But after a lengthy court battle, the Fifth Circuit Court of Appeals reversed that last month, allowing the state to move forward. Now, the lawsuit against SB12 isn't over. The ACLU of Texas, which brought the original challenge, is still fighting it. Their attorney, Brian Klosterboer, says the law’s language is super fuzzy. He puts it pretty simply: what one person thinks is sexual or erotic, another might not. It’s all “in the eye of the beholder.” This vagueness could be a real problem constitutionally, as it makes it tough to know what’s allowed and what isn’t. Here’s a key part of the appeals court's decision: Klosterboer pointed out that the Fifth Circuit did clarify something important. They said family-friendly drag shows – like those put on by groups like Woodlands Pride and Abilene Pride Alliance, who are plaintiffs in the case – shouldn’t be affected by SB12. That’s a big deal for those specific events, confirming they can still happen. But this law isn't just about drag. Klosterboer warns that because of its vague wording, it could hit any performance someone decides is "sexual." Think about it: a Shakespeare play, or even the Dallas Cowboys cheerleaders. This could seriously chill the performing arts scene across Texas, making everyone nervous about what’s permitted. That’s a major public policy concern. And the stakes are high. If you’re a performer, you could face up to a year in jail and a $2,000 fine. Venues that host these shows? They're looking at fines up to $10,000. It's enough to scare businesses into canceling performances, and many already are, just to avoid accidentally breaking the law and facing catastrophic penalties. There’s a bit of nuance: the ACLU notes that criminal penalties don’t apply on public property if kids aren’t “reasonably expected to be viewed” there. So, location and timing matter for public performances. Texas Governor Greg Abbott and others who backed SB12 call it a major victory for kids. But critics say it wrongly paints all drag performances as sexual or obscene. The ACLU isn’t giving up; they’re hopeful for future court decisions that will protect even more types of drag shows, especially those family-friendly ones. So, while the state can enforce this law for now, the legal fight definitely isn't over. Keep an eye on this one, because it’s got major implications for free expression and the arts here in Texas.