Court Upholds Ban on Drag Shows Involving Children
The Fifth Circuit Court of Appeals confirmed a ruling on Thursday that aims to restrict drag performances that include sexual content in front of children on public property.
Sarah Gonzalez, host of Blaze TV and vice president of the Texas Family Project, expressed her approval of the decision. Her organization played a role in drafting the legislation.
“To be clear, Texas children should not be subjected to sexual indoctrination,” she stated. “The Texas Family Project has been actively shedding light on the ‘all-ages’ drag events around the state. It’s hard to believe that adults in provocative outfits would perform strip routines for young kids unless it was shown to them directly.”
She noted, “We collaborated with lawmakers to create a solid bill, and we’re thrilled with today’s decisions.”
The previous injunction on the ban, set by a lower court, has now been lifted by two judges from a three-judge panel, reinstating the ban as the case unfolds in court.
There’s some uncertainty among the judges regarding whether such performances fall under the protections of the First Amendment. “We have real concerns about whether actions like swinging a prosthetic breast in public or having someone spank you—especially around minors—are constitutionally protected,” wrote Justice Kurt Engelhardt, alongside Justice Leslie Southwick.
Justice James Dennis, however, disagreed in part. He argued that drag, being a creative and choreographed performance, fits within protected artistic expressions, contending that the majority’s decision oversimplifies the form by reducing it to just a few objectionable acts.
The ruling mentions a need for lower courts to revisit the case with considerations from recent Supreme Court findings related to social media, but it allows the ban to stay in effect as legal proceedings continue.
In a statement shared on social media, the Texas Family Project celebrated the ruling, announcing, “Texas law banning children from attending sexually explicit drag shows is now in action! After years of efforts to expose these events statewide, we are pleased with the outcome.”
Interestingly, Judge Engelhardt was appointed by Donald Trump, Judge Southwick by George W. Bush, while Judge Dennis was appointed by Bill Clinton.





