A drag queen in Texas is reminding people that the best way to fight drag bans is to support their local artists after the state's law was allowed to go back into effect.
The U.S. Court of Appeals for the Fifth Circuit overturned a lower court ruling on Thursday that blocked Texas' so-called “sexually oriented performances” law, reopening the case and ordering a new review under stricter standards. Brigitte Bandit, one of the performers in a lawsuit against the bill, has since spoken out against the decision, while reminding audiences what they can do about it.
"please be aware that this 'drag ban' only applies to certain types of performances where minors can be present," Bandit wrote in a post on Instagram. "drag storytimes are still legal. drag shows are still legal. book and support your local drag. we need it now more than ever."
Senate Bill 12, signed into law by Republican Gov. Greg Abbott in 2023, criminalizes hosting a “sexually oriented performance” in public or in front of minors. While it does not directly mention drag, 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.”
Bandit and several LGBTQ+ organizations — the Woodlands Pride, Abilene Pride Alliance, Extragrams LLC, and 360 Queen Entertainment LLC — filed a lawsuit against the bill in August that year, represented by the American Civil Liberties Union of Texas and Baker Botts LLP. U.S. District Judge David Hittner struck down the law shortly after in September, finding that it “impermissibly infringes on the First Amendment and chills free expression.”
The ACLU of Texas and plaintiffs released a joint statement after Thursday's ruling, calling the decision "heartbreaking for drag performers, small businesses, and every Texan who believes in free expression."
"Drag is not a crime. It is art, joy, and resistance — a vital part of our culture and our communities," the groups said. "We are devastated by this setback, but we are not defeated. Together, we will keep advocating for a Texas where everyone — including drag artists and LGBTQIA+ people — can live freely, authentically, and without fear. The First Amendment protects all artistic expression, including drag. We will not stop until this unconstitutional law is struck down for good.”
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