Wednesday, August 26, 2026

BOOM! Federal judge strikes down 2023 Texas anti-drag show law as unconstitutional


Fantastic news out of Texas!

From NBC News:

A federal judge in Texas struck down a 2023 state law Tuesday that sought to restrict drag shows, ruling it was unconstitutional. U.S. District Judge David Hittner, a Reagan appointee, said the measure, known as Texas Senate Bill 12, improperly restricted speech, violating the First Amendment of the Constitution. The ruling prevents state Attorney General Ken Paxton, who is running for the Senate, from enforcing the law and denies his motion for a new trial. In the ruling, Hittner also had advice for “those who find such activities as described in this case offensive.” “The solution is relatively simple ... just don’t go,” he wrote. 

 . . . Hittner struck down the law Tuesday after having followed the framework the higher court asked him to follow. In his ruling, Hittner mentioned Dolly Parton, whose death was announced Tuesday, and criticized the law’s definition of banning performances that “[appeal] to the prurient interest,” citing people who would chastise Parton “as a voluptuous sex symbol because of her big hair, flamboyant clothes and breast exposure.” “There are ‘erotic’ elements in countless popular performances that could be subject to both civil and criminal penalties under S.B. 12,” he wrote. 

 . . . Hittner added that the law was so overly broad as to lead even activities such as “cheerleading, dancing, live theater, and other common public occurrences” to be treated as civil or criminal violations. He also said that the law was vague on its face and that it failed “to give a reasonable person notice of what is prohibited.”


Attacks on drag queens have been a cause celebre for Republicans, the anti-LGBTQ industry, and the far-right for a number of years. They claim drag in itself is sexually explicit - even when it's merely drag queens reading children's books to kids - and that it's a plot by us to supposedly groom children to be LGBTQ.  In the past, they simply accused us of "recruiting" children for sexual behavior. These days, they not only accuse us of wanting kids for sex, but also to impose some type of Invasion of the Body Snatchers plan on America.

It's an ugly lie and speaking of ugly lies, below are a number of incidents in which these folks have been caught lying about drag shows and drag performers:

Drag queens will get $200,000 settlement and apology from lawmaker who falsely accused them of obscene behavior with children - In 2024, New Hampshire Republican lawmaker David Love paid a combined $200,000 to two drag queens to settle accusations that he defamed them for falsely calling one a sex offender and claiming the other danced with children in a sexual manner. 

Drag performer awarded $1.1 million judgement against blogger who falsely accused him of exposing himself to kids - Earlier that same year in Idaho, drag performer Eric Posey received a $1.1 million judgement against a far-right blogger after she falsely accused him of exposing himself to adults and children at a Pride event in June 2022. 

Taken out-of-context video fuels ugly lie about drag queens 'grooming' children - In September 2022, a video from Tennessee allegedly showing a drag queen inviting a little girl to rub his crotch went mega viral. But that wasn't the case at all. None of it was true. 

BUSTED! Far right caught spreading false story that a drag queen exposed self to children - In June 2022, bigots altered a photo to spread a false claim that a drag queen exposes himself to children during a drag queen story hour event. See photo below:




Babylon Bee editor Seth Dillon caught spreading false story about a child tipping a half naked drag queen - In that same month in 2022, a far-right activist, Seth Dillon, tried to spread a claim that a child was encouraged to tip a half-naked drag queen. Except there weren't any drag performers involved in the incident.

Hate group makes fool of itself with latest attack on Drag Queen Story Hour - In 2019, Massachusetts hate group, Mass Resistance claimed that during a drag queen story hour event, children were being read a lewd book about underwear. NONE of this was true.

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