U.S. FEDERAL JUDGE STRIKES DOWN TEXAS DRAG BAN AS UNCONSTITUTIONAL 

“We applaud and stand with the American Civil Liberties Union of Texas, Baker Botts LLP and drag performers across the state in their hard work to ensure fairness and equality for all.” – Sarah Kate Ellis, GLAAD President and CEO

“Whether or not you like drag, shouldn’t decide what we’re allowed to watch or how we’re allowed to act.” – Ricardo Martinez, CEO of Equality Texas

“Today’s ruling blocks a law that threatens some of the most cherished First Amendment freedoms we all hold dear. S.B. 12 attempts to suppress drag artists and the LGBTQIA+ community, and its steep criminal and civil penalties would harm Black and Latinx transgender Texans the most.” -Chloe Kempf, Attorney at the ACLU of Texas

(Austin, TX and New York, NY – September 26, 2023) Equality Texas, the largest nonprofit in Texas focused on securing full equality for lesbian, gay, bisexual, transgender, and queer (LGBTQ) people, and GLAAD, the world’s largest LGBTQ media advocacy organization, are responding in support of the recent ruling of SB12 and the American Civil Liberties Union of Texas’ victory to block the state’s drag ban from taking effect.

A federal judge in the Southern District of Texas ruled today SB12, the state’s drag ban, is unconstitutional and issued a permanent injunction which blocks legislation from becoming law. This ruling stops state officials from enforcing any provisions of the ban. A temporary injunction was previously issued on September 1. Details about today’s ruling and quotes from the plaintiffs can be found at this link.

Drag bans have now been struck down in Tennessee, Florida, Montana and Texas. In the last year, GLAAD has documented at least 160 incidents of violence and threats against drag performances across the country. Equality Texas documented additional targeted events throughout the year, including an armed demonstration and confrontation in San Antonio, among more than 30 demonstrations against drag performances in the state alone.

Statement from Sarah Kate Ellis (she/her), President & CEO of GLAAD:

“Today’s ruling is a celebration for the LGBTQ community and those who support free expression in the Lone Star State. Texas now joins an increasing number of states whose discriminatory and baseless bans on drag performances are being recognized as unconstitutional and an attack against everyone’s freedoms. We stand with the American Civil Liberties Union of Texas, Baker Botts LLP and drag performers across the state in their hard work to ensure fairness and equality for all and that discrimination won’t prevail.”

Statement from Brigitte Bandit (she/they), drag performer:

“I am relieved and grateful for the court’s ruling. 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.”

Statement from Chloe Kempf (she/her), Attorney at the ACLU of Texas:

“Today’s ruling blocks a law that threatens some of the most cherished First Amendment freedoms we all hold dear. S.B. 12 attempts to suppress drag artists and the LGBTQIA+ community, and its steep criminal and civil penalties would harm Black and Latinx transgender Texans the most. As the court recognized, S.B. 12 is also vague, overbroad, and chills entire genres of performances that are not obscene or inappropriate, from high school Shakespearean plays to the Nutcracker ballet to the Dallas Cowboys cheerleaders.”

Statement from Brandt Thomas Roessler (he/him), Senior Associate at Baker Botts LLP:

“I’m glad that the court recognized the constitutional rights of our clients, drag performers, and their patrons, and protected their rights to freely express an art form particularly important to LGBTQ+ people. Baker Botts is proud of its continuing commitment to pro bono work, including the advocacy of LGBTQ+ civil rights.”

Statement from Ricardo Martinez (he/him), CEO of Equality Texas:

“The power and beauty of this state is not that we all hold the same beliefs or watch the same shows, the beauty is that we can embrace each other no matter our differences. Immigrants from all over the world built this state, Germans in Fredericksburg, Vietnamese in Arlington, and Mexican families throughout the state helped build the culture and communities that make this state feel like home. Each culture, each community, brought their own entertainment, food, jokes. Just as we cherish the kolaches at the Czech Stop, so too we must embrace cultures we don’t understand. Whether or not you like sausage wrapped in dough shouldn’t decide whether or not a Czech baker can make a living in Texas. Whether or not you like drag, shouldn’t decide what we’re allowed to watch or how we’re allowed to act.”