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Texas can enforce drag show ban; court suggests they don’t believe all drag shows would violate law (apnews.com)

submitted 1 day ago by Stamau123@lemmy.world to c/news@lemmy.world

14 comments fedilink hide all child comments

Texas can enforce a 2023 law that restricts some public drag shows, a federal appeals court ruled Thursday.

Senate Bill 12 prohibits drag performers from dancing suggestively or wearing certain prosthetics on public property or in front of children. The law would fine business owners $10,000 for hosting such performances, while those who violate the law could be hit with a Class A misdemeanor.

In September 2023, U.S. District Judge David Hittner declared the law unconstitutional, saying that it “impermissibly infringes on the First Amendment” and that it is “not unreasonable” to think it could affect activities like live theatre or dancing. More than two years later, a three-judge panel in the 5th U.S. Circuit Court of Appeals unblocked the law and returned the case to the district court.

As part of the ruling, the panel found that most of the plaintiffs — a drag performer, a drag production company and pride groups — failed to show that they intended to conduct a “sexually oriented performance,” and therefore, could not be harmed by the law. The ruling suggests that the federal judges don’t believe all drag shows are sexually explicit.

Critics of the ban have previously raised concerns that Republican lawmakers were portraying all drag performances as inherently sexual or obscene.

And while the law doesn’t have language explicitly referencing drag performances, SB 12’s original version specifically included them. Republican leaders have also made it clear that drag shows are the target.

“Texas Governor Signs Law Banning Drag Performances in Public. That’s right,” Gov. Greg Abbott said in a post on X in June 2023.

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[–] comador@lemmy.world 12 points 23 hours ago (1 children)

Find one video proving that ever happened outside of ones own mind.

100% sure it doesn't exist.

[–] voxthefox@lemmy.blahaj.zone 13 points 23 hours ago

It seems this is the new texas republican strategy, ban things that are not a problem in the first place, if you see the propositions that were on their ballot this election you'll see this in effect with their new targeted group, prop 16, which bans non-citizens from voting in the state..which they already can't do and they have no evidence of them doing.

I imagine it's mostly to scare their base to show up to election days so that they can get their other measures passed, which were mostly regressive tax bans & reforms that mostly help the wealthy.