A federal appeals court has cleared the way for Texas to enforce its 2023 law banning drag shows in public spaces or in the presence of children. The 5th U.S. Circuit Court of Appeals ruled that Senate Bill 12 (SB 12) can now take effect, marking a significant win for lawmakers and parents concerned about sexually explicit content being exposed to minors.
Under the law, drag performers are prohibited from dancing suggestively or wearing certain prosthetics—like exaggerated breasts or genitalia—when in public or around minors. Violators face a Class A misdemeanor, while businesses that host these performances could be fined up to $10,000.
The court’s three-judge panel found that the plaintiffs—drag performers and LGBTQ advocacy groups—failed to demonstrate that their intended shows qualified as “sexually oriented performances” under the law. As a result, the court determined they would not be harmed by the enforcement of SB 12.
The law specifically defines a sexually oriented performance as one involving nudity or sexual conduct, including contact or simulated contact with another person’s “buttocks, breast, or any part of the genitals,” and it must also appeal to a “prurient interest in sex.” Most drag shows cited in the lawsuit did not meet this threshold, the judges ruled.
The ruling comes amid broader national concern about drag shows targeting children. Texas lawmakers have also advanced SB 1601, which would block state funding for libraries that host drag events. That move came after the Houston Public Library allowed a registered sex offender to participate in a drag queen story hour for children.
Texas A&M University already banned drag shows from its campuses earlier this year, directing presidents across its college system to cancel all such events.
The court’s decision strengthens Texas’ ability to regulate sexually explicit performances in public spaces and around minors, while affirming the state’s right to protect children under existing legal standards.
