Drag artists and LGBTQ+ advocates sue to block Texas law expanding ban on sexual performances

A collective of drag artists and LGBTQ+ activists have initiated a federal lawsuit aimed at impeding a new Texas law that broadens the definition of unlawful public displays of sexual behavior. They argue that this law has been designed to specifically target drag shows and may inadvertently criminalize performances like ballet and cheerleading.

This legal action, instigated on Wednesday in a U.S. district court in Houston by the American Civil Liberties Union (ACLU) on behalf of the plaintiffs, asserts that this law is unconstitutional. It contends that the law endangers the economic stability and freedom of expression for numerous Texans, including the state’s drag performers.

The action seeks to prevent the law from being enacted on September 1st.

The newly approved law, put forward by the Republican-majority Legislature, is part of a larger endeavor in Texas and other conservative states to impose restrictions on drag shows and curtail LGBTQ rights.

Such laws have already faced judicial obstacles in other states, like Florida and Tennessee, where prohibitions on drag performances have been temporarily suspended.

Arkansas, like Texas, has introduced new legislation regarding adult-centric performances that, while not specifically mentioning drag, has caused apprehensions regarding its potential application to such shows. Montana has implemented a ban specifically targeting drag queen story hours.

The recent Texas law pertaining to sexual content in performances was initially intended to prohibit children from attending drag shows. While it was modified to exclude explicit references to drag shows, it extended the range of proscribed acts.

It prohibits authentic or simulated fondling, arousal, and the exhibition of a sex toy if conducted in a sexually suggestive manner in the presence of a minor or on public property. The law also includes a definition of sexual conduct that forbids the use of accessories or prosthetics enhancing the female or male physique in the same settings.

Offenders could face up to a year in prison, and establishments hosting these performances deemed illegal could be penalized with a $10,000 fine for each transgression.

Drag performers assert that the purpose of this law is to target their craft.

“Texas queens and kings across our state have been subjected to threats and false information because of this anti-drag law,” stated Austin’s drag artist Brigitte Bandit, one of the plaintiffs. “We refuse to be exploited as a distraction or scapegoat by politicians who fail to understand us or our work.”

Those supporting the bill maintain that it’s necessary to safeguard children from exposure to sexually explicit material.

“Lt. Gov. Dan Patrick, a Republican, stated in May when the bill was passed, “There must be resistance against the radical left’s degradation of our values and society. I refuse to let Texas children be sexualized and permanently traumatized by detrimental drag performances.”

The lawsuit posits that these new regulations could potentially encompass a range of performances beyond drag shows, such as Broadway tours, professional cheerleading routines, and even karaoke nights at local venues.

The guidelines could also apply to TV, movies, and online platforms. According to the lawsuit, “any kind of wardrobe malfunction” might lead to fines or imprisonment.

“The Texas Drag Ban is astoundingly extensive in its reach and will inhibit whole categories of free expression in our state,” declared Brian Klosterboer, an attorney at the ACLU of Texas. “This law is a blatant violation of the First Amendment. No performer should risk incarceration due to their speech being disapproved of by the government.”

Frequently Asked Questions (FAQs) about Texas drag performance law

More about Texas drag performance law

• American Civil Liberties Union
• Texas Legislature
• Overview of LGBTQ Rights in Texas
• First Amendment of the U.S. Constitution
• Sexual Conduct and the Law