LGBTQ groups sued the Texas attorney general’s office to stop authorities from enforcing Senate Bill 12. The bill was signed in June by Governor Abbott and scheduled to go into effect with other new laws on Friday. Instead, a temporary block was placed on the new state law last week.

The law criminalizes sexually-oriented performances in front of children. This bans some public drag shows. U.S. District Judge David Hittner held a two-day hearing last week in Houston. A drag performer and some entertainment businesses said the law to regulate the sexually-explicit drag shows is unconstitutional, a violation of freedom of expression. Judge Hittner didn’t make a final ruling but he did find the plaintiff’s argument compelling.

For those keeping track at home (and you should), Judge Hittner is a federal judge for the United States District Court for the Southern District of Texas. Hittner joined the court in 1986 and was nominated by Ronald Reagan. He assumed senior status on the court in 2004.

His temporary restraining order read, “Based on evidence and testimony presented at the hearing, the court finds there is substantial likelihood that SB 12 as drafted violated the First Amendment of the United States Constitution under one or more of the legal theories put forward by the plaintiffs.”

Needless to say, Governor Abbott is not giving up the fight. He sees it as protecting children.

Federal judge in Texas blocks a law I signed that bans sexually explicit drag shows in front of children.

This is absurd.

We will fight to have this overturned & to protect our children from this indoctrination.
https://t.co/TsjLnRE0dX

— Greg Abbott (@GregAbbott_TX) September 4, 2023

The legal status quo remains in effect until his final decision is issued. Hittner said the law could cause “irreparable harm” to the plaintiffs. I assume that would be financial harm. He plans to have a final ruling made in two to four weeks.

Drag show advocates argued that the law trampled on their First Amendment rights. They describe drag shows as “a healing, expressive and political form of performance art with historical connections to LGBTQ+ people.” Drag performances go back through time. Only recently have some drag shows been aimed to children’s audiences. This is what Abbott is trying to stop. Sexualizing children is wrong. Let children be children.

The ACLU weighed in.

“If allowed to take effect, SB 12 will make our state less free, less fair, and less welcoming for every artist and performer,” said American Civil Liberties Union of Texas Attorney Brian Klosterboer in a statement following the judge’s decision. “This temporary order is a much-needed reprieve for all Texans, especially our LGBTQIA+ and transgender community, who have been relentlessly targeted by our state legislature.”

The Texas attorney general’s office notes that the law specifically protects children from sexually-explicit drag shows. It does not ban drag shows in general. The state A.G.’s office does not think the drag shows are covered in First Amendment protections.

The new law carries stiff penalties for business owners. There is a $10,000 fine for hosting a sexually explicit performance that includes nudity or appeals to the “prurient interest in sex.” Drag queens could be charged with a Class A misdemeanor. That carries a maximum penalty of a year in jail and a $4,000 fine.

The judge is probably right in his inclination to rule that the ban is unconstitutional. Six states have passed a bill restricting drag performances, including Texas. So far none have won legal challenges. Florida, Montana, and Tennessee have successfully blocked the laws. In June, a federal judge in Tennessee ruled that state’s law is unconstitutional. That judge was appointed by former President Trump.

It’s a worthy effort by Governor Abbott and the Texas Legislature but I don’t look for it to be successful.