On Wednesday, August 26th, 2026, the District Court for the Southern District of Texas struck down a 2023 state law that banned "sexually oriented performances" in the presence of minors, ruling it violated the First Amendment. The law, which targeted drag shows and similar events, imposed fines up to $10,000 on businesses and classified performers as potentially guilty of a Class A misdemeanor, punishable by up to $4,000 in fines and a year in jail.

The court found the law's definitions excessively broad, noting it could apply to "countless exhibitions and events with an audience, including sports matches, cheerleading and dance contests, karaoke, musicals, art exhibitions, dressing in potentially provocative costumes at comic book conventions, ballet, and more."

The ruling highlighted that the law failed to specify who determines whether a performance "appeals to the prurient interest," meaning "a single moment of eroticism could condemn an entire performance to criminal or civil penalties."

Examples cited included Dolly Parton described "as a voluptuous sex symbol because of her big hair, flamboyant clothes and breast exposure," Elvis Presley's "signature hip gyrations" as a "display of male sexuality," and Miley Cyrus's "twerking" during the 2013 MTV Video Music Awards as performances containing "erotic" elements that could be penalized under the law.

This decision concludes a legal battle initiated in 2023 when the American Civil Liberties Union of Texas and Baker Botts LLP filed a lawsuit on behalf of drag companies, LGBTQ groups, and Austin-based drag queen Brigitte Bandit. The court found the law discouraged plaintiffs from exercising protected speech due to fear of prosecution, chilling their expression.

Judge Brian Morris stated there was "no evidence before the Court to indicate that limiting children's exposure to speech and expression critical of gender norms or by gender non-conforming people bears any relationship to promoting children's welfare."

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