Attorney General Ken Paxton Successfully Defends Law Protecting Children from Being Exposed to Sexually Illicit Content at Erotic Drag Shows

AUSTIN, TX -- Attorney General Ken Paxton secured a major victory for Texas kids at the United States Court of Appeals for the Fifth Circuit, which 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 the Attorney General’s urging, the Fifth Circuit rightfully expressed “genuine doubt” regarding plaintiffs’ argument that they had a First Amendment right to stage graphic, sexually explicit performances in front of children.

“I will always work to shield our children from exposure to erotic and inappropriate sexually oriented performances,” said Attorney General 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.”

In 2023, the Texas Legislature passed Senate Bill 12, 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. 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.