Fifth Circuit Restores Texas Ban On Drag Shows Near Children

The Fifth Circuit has moved to restore a Texas law limiting sexually explicit drag performances on public property, allowing the restriction to stand while the legal fight continues; two judges found serious doubts about certain acts being protected speech in the presence of minors, while a third judge warned against collapsing an art form into a few salacious examples.

An appeals panel stepped in after a lower court blocked the ban, and two of the three judges voted to let the law remain in effect during further review. For many conservatives this was a straightforward defense of parental rights and public decency at public events. The case will continue through the courts, but the immediate effect is that the state’s restrictions are back on the books for now.

Sara Gonzales of the Texas Family Project praised the decision and highlighted the group’s role in drafting the language lawmakers used. “Texas Family Project has worked tirelessly to expose the ‘all-ages’ drag shows happening across the state because we knew no one would believe that scantily clad grown men were performing strip-club routines in front of young children unless we showed them directly,” she wrote in a statement to Blaze News. That hands-on approach to documenting events helped shape a law meant to protect kids in public settings.

‘To be clear, Texas children will not be sexually indoctrinated on our watch.’ That line sums up a central Republican point: lawmakers stepped in because parents and community leaders demanded limits on what minors are exposed to at public gatherings. The rhetoric is blunt because supporters want a clear promise that public events won’t be used to sexualize children.

Judges on the panel split over free speech questions even as they granted temporary enforcement of the statute. “We have genuine doubt … that pulsing prosthetic breasts in front of people, putting prosthetic breasts in people’s faces, and being spanked by audience members are actually constitutionally protected — especially in the presence of minors,” wrote Judge Kurt Engelhardt, joined by Judge Leslie Southwick. That passage reflects the majority’s view that some acts may fall outside First Amendment protection when minors are present.

Judge James Dennis registered a partial dissent and pushed back on collapsing an entire genre of performance into a few explicit examples. “Drag — a costumed, choreographed, and frequently parodic performance that speaks in the idiom of gender — plainly participates in that protected tradition,” wrote Dennis. His warning is that courts should be careful not to throw out artistic traditions while addressing specific conduct.

The appeals court instructed the lower court to revisit the case in light of recent Supreme Court guidance on social media, but it permitted the ban to remain active while the legal process continues. That procedural move buys time for advocates who argued the law was crafted to withstand judicial scrutiny. For conservative supporters, it also means state officials can enforce public-safety and decency rules during the litigation period.

The Texas Family Project also a statement about the ruling on social media. “Texas law that prevents children from attending sexually explicit drag shows is now in effect!” read the statement. “We have worked for years exposing these events all over the state and the hard work has paid off! Thank you for your continued support of our mission.”

Appointments of the judges underline why this split decision looks the way it does: Judge Engelhardt was appointed by President Donald Trump, Judge Southwick by President George W. Bush, and Judge Dennis by President Bill Clinton. That mix of appointments produced a conservative majority willing to let the law stand for now and a dissent reminding courts to preserve core First Amendment protections. The case will move forward, and the court record will now include these competing views as it proceeds toward a final resolution.

MASSIVE VICTORY!

Texas law that prevents children from attending sexually explicit drag shows is now in effect!

We have worked for years exposing these events all over the state and the hard work has paid off!

Thank you for your continued support of our mission.

To learn… pic.twitter.com/aIPhYFrg8F

— Texas Family Project (@FamilyProjectTX) November 6, 2025