The Fifth Circuit Court of Appeals will hear oral arguments on The Woodlands Pride et al vs. Paxton et al, SB 12, better known as the drag ban. The plaintiffs are asking the appeals court to uphold the ruling of the federal district court that found the law to be unconstitutional.

SB 12 was to take effect Sept. 1, 2023, but was blocked by a federal district court judge who ruled the law unconstitutionally restricts the freedom of expression of the five plaintiffs in the case: The Woodlands Pride, Abilene Pride Alliance, Extragrams, 360 Queen Entertainment and Brigitte Bandit. The court granted a permanent injunction blocking the law’s enforcement, and Attorney General Paxton and other defendants appealed that decision.

The drag ban law threatens the livelihood and free expression of many Texans, including drag performers. The ban targets any performance that could be perceived as “sexual” on public property and anywhere minors may be present. The law also proposes criminal penalties, including up to a year in jail, for artists, business owners and others who support them.

Oral arguments can be heard on Wednesday, Oct. 9 at 9 a.m. by clicking here.

— David Taffet