The Fifth Circuit Court Upholds Enforcement of Drag Show Ban

The people of Texas overwhelmingly supported the passage of Texas Senate Bill 12 during the 87th Texas Legislature with a simple and common sense purpose: to protect children from exposure to sexually explicit and adult-oriented performances masquerading as entertainment. This bill was a response to the disturbing trend of drag shows and similar acts being marketed as “family friendly” and promoted in settings where minors could be present.

For years, Texas Family Project has worked to expose these events around the state. We have been to every corner of Texas, big cities and small towns alike, to document the severity of these performances. This garnered national attention, with our footage being shown on sources like Fox News and The Daily Wire. Once enough attention was on it, action followed. The Texas Senate drafted and passed Texas Senate Bill 12 in the 87th legislature.

As soon as this bill passed, lawsuits came from pro-lgbtq groups around the state. This bill worked its way through the court system until a judge put an injunction on the bill, barring the enforcement of this new law. One of the ridiculous arguments in court was that this bill might ban the Dallas Cowboys from having cheerleaders. Texans would sleep just fine at night without the Cowboys cheerleaders if it meant children were being protected.

But on November 6, 2025, the U.S. Court of Appeals for the Fifth Circuit corrected that course. The Fifth Circuit overturned the lower court’s injunction and allowed enforcement of SB 12 to proceed. The appeals court clarified that SB 12 applies only to sexually oriented performances in the presence of minors and does not categorically ban all performances involving cross-dressing or nontraditional attire. In doing so, the court recognized the state’s legitimate interest in keeping children safe from explicit content and reaffirmed that those interests can be defended under proper legal principles.

Attorney General Ken Paxton rightly celebrated this decision as a victory for Texas families and children, emphasizing that the state will continue to defend the law against further legal challenges.

For Texas families, this is more than a legal victory. It is a reaffirmation of the values that Texans hold dear: the right of parents to raise their children free from exposure to hyper-sexualized entertainment, the authority of elected legislatures to protect public morals, and the responsibility of courts to respect those democratic choices.

As the case returns to the district court for further proceedings on limited aspects of enforcement, we remain confident that Texas’ commitment to the safety and innocence of our children will continue to prevail.