A federal appeals court is hearing arguments today in a lawsuit challenging Texas’s controversial ban on drag shows, with opponents claiming the law infringes on their clients’ constitutional right to free speech. The law, passed last year, has faced fierce opposition from civil rights groups and performers who argue that it unfairly targets drag performances and is overly vague in its language.
Attorney Chloe Kempf, representing the ACLU, is leading the legal challenge against the law. Kempf contends that the wording of the legislation is so broad that it could penalize a wide range of performances, including cheerleading routines. “The drag ban is so vague that even Texas cheerleaders could be fined for their performances,” Kempf argued. The law, she insists, not only threatens drag performers but could also inadvertently target other forms of artistic and expressive performances.
A federal judge previously agreed with these concerns, placing the law on hold while the case makes its way through the courts. The judge found that the legislation’s wording, which lumps drag shows together with other performances, could indeed lead to unintended consequences and potentially violate First Amendment rights.
The law’s author, Texas State Senator Bryan Hughes, remains resolute in defending the legislation. Hughes, a Republican who has pushed the bill as a means of protecting children, has vowed to take the case to the U.S. Supreme Court if necessary. “This law is about safeguarding our children from inappropriate content,” Hughes said, adding that he believes the law is narrowly focused on shielding minors from sexually explicit performances.
However, critics argue that the law unfairly targets the LGBTQ+ community, particularly drag performers, and could set a dangerous precedent for restricting artistic expression. “This case isn’t just about drag shows; it’s about the freedom to express oneself without fear of government punishment,” Kempf said.
The appeals court’s decision could have far-reaching implications, not only for Texas but for other states that may consider similar laws regulating public performances. As the case continues, both sides are preparing for a long legal battle that could shape the future of free expression in the U.S.
