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Tipsheet

They Wanted Children to Watch Sexually Inappropriate Drag Shows – Here's What the Court Said

Townhall Media

Texas can enforce laws banning sexually suggestive drag shows for children after a federal appeals court ruled in the state’s favor.

The state legislature passed a law prohibiting establishments that feature drag queen shows from allowing children to attend the performances. This came amid national discussions on whether children should be subjected to this type of material.

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A barrage of videos showing these performances went viral on social media. The footage featured men dressed as women dancing in a sexual manner, as children were present in the audience with their parents.

Now, a federal appeals court is allowing Texas to regulate this activity, according to The Christian Post:

A federal appeals court says Texas can move forward with enforcing a ban on drag shows and other lewd performances in public or in the presence of children.

The U.S. Fifth Circuit Court of Appeals vacated a lower court injunction on Nov. 6 that had blocked enforcement of Texas Senate Bill 12, which regulates "sexually oriented performances" on public property or in the presence of minors. The decision allows the state to begin enforcing the measure while sending the case back to the district court for further review of its constitutionality.

Dubbed a “drag show ban” by critics, SB 12 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 the law, anyone who controls the premises of a commercial enterprise” is prohibited from allowing any lewd performance in the presence of anyone younger than 18 years of age.

Despite Gov. Greg Abbott signing SB 12 into law, the bill was preemptively blocked by the U.S. District Court for the Southern District of Texas prior to taking effect in September 2023.

The lawsuit, Paxton v. The Woodlands Pride Inc., was filed as a First Amendment challenge by the Abilene Pride Alliance, along with other drag performers and organizations hosting drag events. After a two-day bench trial, the district court ruled 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 the law took effect.

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Critics of the law contend that it stifles First Amendment rights. The ACLU of Texas argued that “Drag is not a crime. It is art, joy, and resistance — a vital part of our culture and our communities” and that “The First Amendment protects all artistic expression, including drag.”

Texas’ law does not ban drag performances. It only prohibits establishments from allowing children to attend them — similar to laws barring strip clubs from admitting children.

Texas Attorney General Ken Paxton lauded the ruling, saying his office will “always work to shield our children from exposure to erotic and inappropriate sexually oriented performances.”

It’s amazing that anyone objected to this law in the first place. Most people agree that establishments that have sexual content should not display it for minors. But progressives have been trying to expose children to sexual material in several other ways — including libraries and classrooms. This ruling is yet another setback for this agenda.

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Editor’s Note: After more than 40 days of screwing Americans, a few Dems have finally caved. The Schumer Shutdown was never about principle—just inflicting pain for political points.

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