Federal Judge Blocks Texas Drag Ban Law Again in 2026
Judge David Hittner permanently blocks Texas drag ban law SB 12 again in August 2026.
Why it matters: This ruling upholds constitutional protections for free speech and LGBTQ+ rights, reinforcing a legal precedent against similar laws restricting performances involving minors.
- Texas Senate Bill 12, passed in 2023, seeks to restrict 'sexually oriented performances' near minors with fines up to $10,000 and misdemeanor charges.
- Judge David Hittner first declared SB 12 unconstitutional in 2023, but the Fifth Circuit allowed the law in March 2026 before his August 2026 injunction.
- The judge found SB 12’s terms like 'visual performance' and 'prurient interest' overly broad, risking suppression of protected expression.
- The ACLU of Texas represented plaintiffs in the legal challenge, emphasizing the law’s targeting of LGBTQIA+ communities.
On August 25, 2026, U.S. District Judge David Hittner issued a permanent injunction against Texas Senate Bill 12 (SB 12), effectively blocking the state's drag ban law for the second time. The law, enacted in 2023, aimed to curtail "sexually oriented performances" in public or where minors are present, penalizing businesses with fines up to $10,000 and performers with Class A misdemeanor charges, including up to a year in jail and $4,000 fines.
Judge Hittner had initially ruled SB 12 unconstitutional in September 2023, but that decision was overturned by the Fifth Circuit Court of Appeals in late 2025, allowing the law to take effect in March 2026. In his latest ruling, Hittner found the law’s vague definitions of terms like "visual performance," "nude," and "prurient interest in sex" too broad. These ambiguities, he wrote, risked infringing on constitutionally protected free expression.
The American Civil Liberties Union (ACLU) of Texas represented the plaintiffs in challenging SB 12. Brian Klosterboer, senior staff attorney with the ACLU, described the injunction as "a much-needed reprieve for all Texans, especially our LGBTQIA+ and transgender community, who have been relentlessly targeted by our state legislature." Austin-based drag performer and plaintiff Brigitte Bandit added, "Drag has always been a form of free expression, and it is a relief that the court recognized that."
The case exemplifies ongoing national tensions around LGBTQ+ rights and free speech, as similar laws in other states face judicial pushesback on constitutional grounds. The legal back-and-forth over SB 12 signals continued scrutiny of legislation aimed at restricting drag performances, with important implications for the First Amendment.
By the numbers:
- $10,000 — maximum fine for businesses hosting prohibited performances under SB 12
- 1 year jail, $4,000 fine — Class A misdemeanor penalties for performers violating SB 12
- 2023 — year SB 12 was passed; first ruled unconstitutional same year, overturned in 2025, reinstated March 2026, blocked again August 2026
Yes, but: Though the law is blocked again, Texas Attorney General Ken Paxton may appeal the August 2026 ruling, prolonging legal uncertainty.
What's next: Potential appeals by Texas officials could extend the case, making further court rulings pivotal for similar laws nationwide.