A new Texas law restricting certain drag performances in public spaces takes effect today, even as a legal challenge continues. Senate Bill 12, passed in 2023, prohibits “sexually oriented performances” in public or in front of children. While a federal court initially found the law unconstitutional, an appeals court recently ruled the state can enforce it.
Brian Klosterboer, an attorney with the ACLU of Texas, which filed the lawsuit, said the law’s language is vague, leaving it unclear what counts as sexual or erotic. He noted that family-friendly drag shows, such as those by the Woodlands Pride and Abilene Pride Alliance, are not affected by the law. However, SB12 applies broadly to any performance that could be considered sexual, raising concerns that it could impact everything from Shakespeare plays to cheerleading routines.
Violations carry steep penalties: individual performers could face up to a year in jail and $2,000 in fines, while venues could be fined up to $10,000. Criminal penalties do not apply if a performance on public property is held in a way that children are not reasonably expected to see it.
Klosterboer said some businesses are already canceling shows out of fear of inadvertently breaking the law. Supporters, including Governor Greg Abbott, have called SB12 a “major victory for Texas kids,” while critics argue it unfairly portrays all drag performances as sexual or obscene. The ACLU plans to continue pursuing the case in court to protect family-friendly drag shows.