Court rules state is allowed to regulate drag shows in public places

The attorney general for the state of Texas, Ken Paxton, is calling a new ruling from an appeals court a “major win.”

The decision is that the state has the authority to regulate drag shows in public places and in the presence of minors.

A lower court had halted the state from enforcing its law on the topic, but the new decision from a panel at the 5th U.S. Circuit Court of Appeals says the 2023 law regulating “sexually oriented performances” can be enforced.

The panel said only one of the plaintiffs opposing the law had any standing at all in the case and that decision was sent back to the district court to evaluate.

“I successfully defended a law protecting children from being exposed to sexually illicit content at erotic drag shows,” Paxton said. “I will always work to shield our kids from exposure to erotic and inappropriate sexually oriented performances.”

A report from Fox News said a coalition of “self-described LGBTQ organizations” brought the case.

Congratulations Texas. There should be No more drag shows, Filth and perversion.

5th Circuit clears Texas to enforce drag show law in front of minors, Paxton claims ‘major win’
A panel for the 5th Circuit reaffirmed that Texas can enforce a law regulating “sexually oriented…

— Rachel Ballard (@RachelB60024111) February 27, 2026

The state legislature had approved the limits, defining sexually oriented performances as visual performances that feature nudity or sexual conduct that appeal “to the prurient interest in sex.”

Judge Kurt Engelhardt, appointed by President Donald Trump, wrote the opinion.

The report pointed out, “The judges found that most of the plaintiffs, including a nonprofit called Woodlands Pride, did not have standing to bring First and Fourteenth Amendment challenges to the law because the groups’ performances were benign and therefore did not fall under the Texas law.”

The judges said only “360 Queen Entertainment” had standing for putting on performances in the presence of minors.

The ruling said, “The owner described one performance where a drag queen, who was wearing a ‘very revealing’ breastplate, pulsed the breastplate in front of people and put the breastplate in people’s faces” and sometimes the performances were visible to children.