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Judge rules Texas drag ban is unconstitutional as it limits free speech

A judge in Texas has overturned the laws which many feared would have made drag performances in public illegal and see performers face prison terms for breaking the law.

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Republican Governor signed the legislation back in June which expanded the state’s existing laws about children being exposed to sexually provocative materials. While the bill does not specifically cite drag performances the Governor promoted it as being a crackdown on the art form with deep ties to the LGBTIQA+ communities.

U.S District Court Judge, who was appointed to the court under former Republican President Ronald Reagan, has ruled that the law violated the constitution saying it “impermissibly infringes on the First Amendment and chills free speech.”

“Not all people will like or condone certain performances,” Hittner wrote. “This is no different than a person’s opinion on certain comedy or genres of music, but that alone does not strip First Amendment protection.”

LGBTIQA+ rights advocates in Texas have welcomed the decision. Local drag performer Brigitte Bandit, who was one of the plaintiffs in the case, has welcomed the decision.

“I am relieved and grateful for the court’s ruling,” Bandit told local media. “My livelihood and community has seen enough hatred and harm from our elected officials. This decision is a much-needed reminder that queer Texans belong, and we deserve to be heard by our lawmakers.”

Opponents of the legislation highlighted that it’s vague wording would have potentially seen everything from Shakespearean plays to cheerleaders and classical ballet performances being declared illegal in the state.

OIP Staff


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