An appeals court on Thursday permitted the state of Texas to enforce a law that limits performers, including those using sexual prosthetics. The decision overturns a lower court ruling that had blocked Senate Bill 12 (S.B. 12).
The legislation allows local governments to regulate performances deemed “sexually oriented” when it is considered necessary to promote public health, safety, or welfare. The law also prohibits children from attending or being near such events.
“I will always work to shield our children from exposure to erotic and inappropriate sexually oriented performances,” said Texas Attorney General Ken Paxton. “It is an honor to have defended this law, ensuring that our state remains safe for families and children, and I look forward to continuing to vigorously defend it on remand before the district court.”
Paxton hailed the appellate court’s decision as a victory for protecting minors and maintaining family safety standards across the state.
Opponents, including multiple drag and LGBTQIA+ organizations, filed lawsuits arguing that the law is overly broad and vague. They claimed it infringes on First Amendment free speech rights and unfairly targets drag performances as a disfavored form of expression.
The Texas appeals court upheld S.B. 12, renewing legal debate over balancing child protection with performers’ constitutional rights to free expression.