A federal judge in Texas ruled Tuesday that a new state law limiting public drag performances is an unconstitutional restriction on speech and he permanently barred enforcement.
“Not everyone will like or approve of a particular performance,” wrote US District Judge David Hittner. “This is no different than what someone thinks about comedy or a particular genre of music, but that alone does not take away First Amendment protection.”
More than a dozen states have sought to ban drag shows over the past year, with Texas one of at least four to pass the ban into law, part of a broader Republican effort to regulate the behavior of LGBT people.
Hittner ruled that the Texas law was discriminatory and vague.
He said drag performances are not necessarily obscene, and are a type of expressive speech protected by the US Constitution’s First Amendment.
Drag performers and Pride parade organizers are joining the American Civil Liberties Union in a lawsuit in Houston federal court seeking to block the law.
Modern attractions are rooted in musical performances and dances at LGBT venues.
Drag queen Brigitte Bandit reads a book during drag story time at Waterloo Greenway park on June 10, 2023 in Austin, Texas. Getty Images
The Texas attorney general’s office defended the law, which, among other restrictions, prohibits “the display of sexual gestures using accessories or prosthetics that exaggerate the sexual characteristics of men or women” in public, or in places where people under 18 can see them.
Violations are punishable by fines and imprisonment of up to one year.
Texas lawmakers say the law is needed to protect children from viewing “sexually explicit” content.
Opponents of the law say it is so broad that it appears to criminalize the acts of pop stars and cheerleaders, and that it is clearly intended to target LGBT performers.
Other federal judges in Tennessee, Florida and Montana have blocked similar new drag restrictions, finding similar free speech violations.
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Source: thtrangdai.edu.vn/en/
