An appellate court found on Wednesday that Texas can enforce a law regulating drag shows in public places and in the presence of minors, scrapping a lower court order that had enjoined the state from doing so.
A panel of the U.S. Court of Appeals for the 5th Circuit reaffirmed its November ruling, saying Texas can enforce the 2023 law regulating “sexually oriented performances.” The two-judge panel said only one plaintiff in the case had standing and sent the lawsuit back to the lower court to reevaluate the plaintiff’s First Amendment claim.
Texas Attorney General Ken Paxton, who is a candidate for Senate, framed the decision as a “major win” in a statement on social media.
“I successfully defended a law protecting children from being exposed to sexually illicit content at erotic drag shows,” Paxton said. “I will always work to shield our kids from exposure to erotic and inappropriate sexually oriented performances.”
