AG Paxton defends law protecting children from exposure to racy content at drag shows

AUSTIN, Texas (FOX 44) – Attorney General Ken Paxton secured a major victory for Texas kids at the United States Court of Appeals for the Fifth Circuit.

According to the Office of the Attorney General, this vacated a permanent injunction barring enforcement of the state’s law protecting children from being exposed to sexually illicit content at erotic drag shows. At Paxton’s urging, the Fifth Circuit rightfully expressed “genuine doubt” regarding plaintiffs’ argument they had a First Amendment right to stage graphic, sexually explicit performances in front of children.  

The Texas Legislature passed Senate Bill 12 in 2023, which regulates sexually oriented performances on public property and in the presence of minors. A drag performer and others in the drag industry filed suit against the state, arguing that the law violated the First and Fourteenth Amendments.

The Office says now the Fifth Circuit has vacated a lower court’s decision to block enforcement of the law, meaning that Texas can lawfully protect children from exposure to highly sexualized and inappropriate conduct.