Federal appeals court OKs enforcement of Texas drag show ban

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.

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