Texas Gov. Abbott signed SB 12 restricting drag and other "sexually oriented performances" on public property and before minors

On June 18, 2023, Texas Gov. Greg Abbott signed Senate Bill 12 (88th Legislature, Regular Session) into law, restricting "sexually oriented performances" on the premises of a commercial enterprise, on public property, or in the presence of an individual younger than 18 years of age. The law authorizes a civil penalty of up to $10,000 against a business that hosts a prohibited performance and creates a criminal offense for performers, and it was set to take effect September 1, 2023.

Although the enacted text does not use the word "drag," the bill's author, Sen. Bryan Hughes, and Gov. Abbott publicly described it as targeting drag performances; Abbott promoted the signing with a post reading "Texas Governor Signs Law Banning Drag Performances in Public." Civil-liberties groups and performers said the law unconstitutionally singled out a disfavored form of protected expression and was written broadly enough to reach live theater and dance.

Updates

2023-09-26 -- Federal court struck down SB 12 as unconstitutional [2, 3]

U.S. District Judge David Hittner declared SB 12 unconstitutional, finding that it impermissibly infringed on the First Amendment, and issued an injunction blocking the law from taking effect statewide.

2026-03-18 -- SB 12 took effect after the Fifth Circuit reversed the injunction [2, 4]

In November 2025, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit reversed the district court's injunction and remanded the case for further analysis. After the panel withdrew and reissued a largely identical ruling in late February 2026 and denied rehearing, SB 12 took effect on March 18, 2026.

2026-08-25 — Federal judge again blocked SB 12 as unconstitutional [5, 6]

On remand, U.S. District Judge David Hittner again ruled SB 12 unconstitutional, holding that its definitions of "visual performances," "nude," and "prurient interest in sex" were overly broad and that the law amounted to unconstitutional content- and viewpoint-based discrimination. Texas Attorney General Ken Paxton said on X that he would immediately appeal the ruling, calling it "a profoundly flawed decision."