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"Not all people will like or condone certain performances," U.S.
District Judge David Hittner wrote. "This is no different than a
person's opinion on certain comedy or genres of music, but that
alone does not strip First Amendment protection."
More than a dozen states have sought to restrict drag shows over
last year, with Texas one of at least four to pass restrictions
into law, part of broader Republican efforts to regulate the
behavior of LGBT people.
Hittner ruled that the Texas law was discriminatory and
improperly vague. He said drag performances were not inherently
obscene, and were the sort of expressive speech protected by the
U.S. Constitution's First Amendment.
Drag performers and Pride march organizers joined the American
Civil Liberties Union in a lawsuit in Houston's federal court
seeking to block the law. Modern drag has roots in musical and
dance performances in LGBT venues.
The office of the Texas attorney general defended the law,
which, among other restrictions, banned "the exhibition of
sexual gesticulations using accessories or prosthetics that
exaggerate male or female sexual characteristics" in public, or
in venues where people under 18 may see it. Violations could be
punished by fines and a jail sentence of up to one year.
Texas lawmakers said the law was needed to protect children from
seeing "sexually explicit" content.
Opponents of the law said it was so broad that it appeared to
criminalize acts by pop stars and cheerleaders, and that it was
explicitly intended to target LGBT performers.
Other federal judges in Tennessee, Florida and Montana have
blocked similar new drag restrictions, finding similar
free-speech violations.
(Reporting by Jonathan Allen; Editing by David Gregorio)
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