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.

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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.

In a subsequent ruling from the Fifth Circuit Court of Appeals in New Orleans, the court expressed “genuine doubt” over the plaintiffs’ argument that they had a First Amendment right to stage graphic, sexually explicit performances in front of children.

While the Fifth Circuit sent the case back to the district court to determine the constitutionality of one of the laws cited in the district court’s decision, it vacated the earlier injunction, meaning Texas officials may proceed with enforcing SB 12 pending further court orders.

The ACLU of Texas called the decision “heartbreaking for drag performers, small businesses, and every Texan who believes in free expression.

“Drag is not a crime. It is art, joy, and resistance — a vital part of our culture and our communities,” the civil liberties group said in a joint statement. “We are devastated by this setback, but we are not defeated. …The First Amendment protects all artistic expression, including drag. We will not stop until this unconstitutional law is struck down for good.”

Texas Attorney General Ken Paxton hailed the ruling. “I will always work to shield our children from exposure to erotic and inappropriate sexually oriented performances,” said Paxton. “It is an honor to have defended this law, ensuring that our state remains safe for families and children, and I look forward to continuing to vigorously defend it on remand before the district court.”

A wave of drag shows throughout the state of Texas in 2022 prompted concerns about minors witnessing sexually explicit content and led to the passage of SB 12.

In December 2022, the Texas Family Project shared footage of a “Christmas Drag Show” event in San Antonio’s House of Eternas, marketed as being for all ages. The video shows a man dressed in drag stroking a young girl’s hair, and, at another point in the video, the girl is seen giving money to the performers.

At one point, a young girl began to cry after one of the performers asked if she was enjoying the show, and she shook her head. The venue later canceled its remaining drag shows for the year after the video surfaced, claiming that the footage led to them being bullied.

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This article was originally published at The Christian Post. Photo Credit: Soho A Studio via Canva Teams.