Judge Says Texas’ Anti-Drag Law Is Unconstitutional
The judge said the law violates free speech protections and the First Amendment.

Chris Trinh/Getty Images
Judge David Hittner, a federal judge in Texas, ruled on Tuesday that a new state law targeting drag shows was unconstitutional, saying that the law violated free speech protections and the First Amendment. Though the bill did not ultimately contain language against people dressing as the opposite gender, Gov. Greg Abbott and other Republicans said it was intended to target drag shows, prohibiting suggestive performances in front of children. But Hittner said that a “large amount of constitutionally-protected conduct” would have easily fallen under the new restrictions, like cheerleading, dancing and live theater. LGBTQ+ advocates and a drag queen filed the suit against the Texas attorney general’s office that resulted in a two-day hearing in August. At that time, Hittner temporarily blocked the bill, which was supposed to go into effect on Sept. 1. The legislation follows similar bills in Florida, Montana and Tennessee, all of which had their anti-drag laws struck down before taking effect.
Register below to read this article for free or subscribe
to unlock unlimited access to The Daily Beast.
Monthly
$1
First month then $5.99/month
Annual
$35
First year then $59.99/year
Premium
$79
First year then $119.99/year
*Substack access provided by the next business day, using your subscription email. Choosing the Premium plan constitutes your permission to share your subscription email with Substack and your agreement to Substack’s Privacy Policy.
Already have an account? Sign In
Looks like you already have a subscription!
- Account (completed)
- Payment (completed)
- Confirmation (completed)
You're all set!
Thanks for subscribing.
- 1Account
- 2Payment
- 3Confirmation