Court says Texas can ban drag shows for kids
The Fifth Circuit Court of Appeals has upheld Texas's law banning 'sexually oriented performances' in the presence of minors, overruling a lower court's injunction. The court determined that plaintiffs from the drag industry did not demonstrate they were affected by the law, with specific cases like Woodlands Pride being deemed not to engage in prohibited conduct. Despite the ruling, the court remanded the case back to the district court for further analysis on whether the law violates the First Amendment. Texas Attorney General Ken Paxton expressed his commitment to defending the law, emphasizing child protection from inappropriate performances as a priority.
Dive Deeper:
The law, Texas Senate Bill 12, defines 'sexually oriented performances' as those featuring nudity or sexual conduct appealing to prurient interests.
The plaintiffs, including Woodlands Pride and Abilene Pride, argued that the law infringed on their First Amendment rights but were found not to have standing since they do not intend to engage in proscribed conduct.
The court noted that 360 Queen Entertainment, a drag production company, did have standing to challenge the law against Attorney General Paxton.
The Fifth Circuit expressed 'genuine doubt' regarding the plaintiffs' claims about their First Amendment rights in staging explicit performances for children.
The district court will need to reassess whether the law on its face violates the Free Speech Clause, as the previous court did not conduct this necessary analysis.