Federal appeals court OKs enforcement of Texas drag show ban

November 14, 2025

A federal appeals court in Texas ha vacated a lower court injunction that was preventing the enforcement of a ban on drag shows and other lewd performances in the presence of children.

The Christian Post reports that the U.S. Fifth Circuit Court of Appeals gave the state of Texas the go ahead to enforce Senate Bill 12 (SB 12), which regulates “sexually oriented performances” in public or in the presence of minors.

The decision allows Texas to begin enforcing the law while sending the case back to a district court for further review of its constitutionality.

SB 12 has been called a “drag show ban” by its critics but the law defines a “sexually oriented performance” as “a visual performance” that features a performer who “is nude” or “engages in sexual conduct,” and  “appeals to the prurient interest in sex.”

Under SB 12, anyone who “controls the premises of a commercial enterprise” is prohibited from allowing any lewd performance in the presence of anyone under 18 years of age.

According to the Christian Post, the lawsuit, Paxton v. The Woodlands Pride Inc., was filed as a First Amendment challenge by the Abilene Pride Alliance.

After a two-day bench trial, the district court found SB 12 unconstitutional and enjoined Texas Attorney General Ken Paxton, the city of Abilene, Taylor County, Montgomery County, and four district attorneys from enforcing it before it could take effect.

A subsequent ruling from the Fifth Circuit Court of Appeals in New Orleans sent the case back to the district court and vacated the earlier injunction.

This means that Texas officials may proceed with enforcing SB 12 pending further court orders.

Photo: top, Credit: YouTube/RuPaul’s Drag Race