FFRF Action Fund names ACLU of Texas “Secularist of the…
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FFRF Action Fund names ACLU of Texas “Secularist of the Week” after victory over drag ban
The FFRF Action Fund salutes the American Civil Liberties Union of Texas as its “Secularist of the Week” for helping obtain a recent free speech win.
A federal judge in Texas has again struck down a 2023 state law https://www.nbcnews.com/politics/politics-news/judge-strikes-texas-ban-drag-shows-tells-people-offended-just-dont-go-rcna594448 , Texas Senate Bill 12, that sought to restrict drag shows, ruling it unconstitutional. U.S. District Judge David Hittner, a President Reagan appointee, said the ban unlawfully restricted free speech and violated the First Amendment. SB 12 restricted certain drag performances https://www.aclutx.org/press-releases/federal-court-rules-again-that-texas-drag-ban-is-unconstitutional/ and other “visual performances” that are “sexually oriented,” fining business owners up to $10,000 for hosting such events. Performers could be charged with a Class A misdemeanor, which carries up to one year of jail time, under the law.
Hittner initially declared SB 12 unconstitutional in September 2023 https://www.texastribune.org/2026/08/25/texas-drag-show-ban-law-unconstitutional-second-ruling/ for First Amendment violations, a few months after it passed through the Texas Legislature. In November of last year, the 5th U.S. Circuit Court of Appeals unblocked the law and remanded the case to Hittner. The law took effect in March, but Hittner’s recent ruling prevents Texas Attorney General Ken Paxton from enforcing it and denies a motion for a new trial.
The lawsuit was originally filed by plaintiffs represented by the ACLU of Texas and Baker Botts LLP https://www.aclutx.org/press-releases/federal-court-rules-again-that-texas-drag-ban-is-unconstitutional/ against Paxton and various Texas district and county attorneys: two community pride groups, two entertainment groups and Brigitte Bandit, a drag queen and Texas LGBTQ+ activist. After the 5th Circuit’s ruling, the pride groups were removed as plaintiffs https://www.texastribune.org/2026/08/25/texas-drag-show-ban-law-unconstitutional-second-ruling/ , and Paxton became the sole defendant in the revised lawsuit.
Hittner stated that, besides removing plaintiffs and defendants, the appellate court’s decision “did not disturb” https://www.texastribune.org/2026/08/25/texas-drag-show-ban-law-unconstitutional-second-ruling/ his initial ruling on SB 12. His ruling describes the law as having overly broad definitions of performance and nudity, noting that even Dolly Parton and Elvis impersonators could potentially be penalized under the ban.
“For those who find such activities as described in this case offensive, the solution is relatively simple … just don’t go,” Hittner wrote https://www.texastribune.org/2026/08/25/texas-drag-show-ban-law-unconstitutional-second-ruling/ .
SB 12 did not explicitly reference drag performances, but Texas Gov. Greg Abbott bragged about the law as a drag ban after its passage https://www.texastribune.org/2026/08/25/texas-drag-show-ban-law-unconstitutional-second-ruling/ , as noted by Hittner. The law seemingly portrays all drag performances as inherently sexual or obscene. The ACLU of Texas and its plaintiffs exposed the absurdity of the legislation.
“We use our performances to assert liberation, power, and joy with our community,” Bandit said in a press release from the ACLU of Texas https://www.aclutx.org/press-releases/federal-court-rules-again-that-texas-drag-ban-is-unconstitutional/ . “As a lifelong Texan, I’m sick of this state trying to censor art and stoke hatred and violence against drag artists and the LGBTQIA+ community.”
“Today’s decision confirms that the Legislature’s attempt to ban drag performances was unconstitutional from start to finish,” senior staff attorney at the ACLU of Texas Brian Klosterboer said https://www.aclutx.org/press-releases/federal-court-rules-again-that-texas-drag-ban-is-unconstitutional/ . “Drag has a rich history as a refuge of joy and liberation for countless Texans, and it’s not going anywhere. This law stifled free expression across our state and made people afraid to engage in or attend drag shows and other performances. But all Texans — no matter our gender or background – are guaranteed the right to freedom of expression.”
The ACLU of Texas, alongside the Freedom From Religion Foundation https://ffrf.org/news/releases/texas-families-sue-to-block-law-requiring-ten-commandments-in-every-public-school-classroom/ , the American Civil Liberties Union and Americans United for Separation of Church and State, is representing plaintiffs in a lawsuit opposing the mandate to display the Ten Commandments in all Texas public school classrooms.
The FFRF Action Fund thanks the ACLU of Texas for its tireless work protecting free speech and religious freedom in the Lone Star State.
#religion
The FFRF Action Fund salutes the American Civil Liberties Union of Texas as its “Secularist of the Week” for helping obtain a recent free speech win.
A federal judge in Texas has again struck down a 2023 state law https://www.nbcnews.com/politics/politics-news/judge-strikes-texas-ban-drag-shows-tells-people-offended-just-dont-go-rcna594448 , Texas Senate Bill 12, that sought to restrict drag shows, ruling it unconstitutional. U.S. District Judge David Hittner, a President Reagan appointee, said the ban unlawfully restricted free speech and violated the First Amendment. SB 12 restricted certain drag performances https://www.aclutx.org/press-releases/federal-court-rules-again-that-texas-drag-ban-is-unconstitutional/ and other “visual performances” that are “sexually oriented,” fining business owners up to $10,000 for hosting such events. Performers could be charged with a Class A misdemeanor, which carries up to one year of jail time, under the law.
Hittner initially declared SB 12 unconstitutional in September 2023 https://www.texastribune.org/2026/08/25/texas-drag-show-ban-law-unconstitutional-second-ruling/ for First Amendment violations, a few months after it passed through the Texas Legislature. In November of last year, the 5th U.S. Circuit Court of Appeals unblocked the law and remanded the case to Hittner. The law took effect in March, but Hittner’s recent ruling prevents Texas Attorney General Ken Paxton from enforcing it and denies a motion for a new trial.
The lawsuit was originally filed by plaintiffs represented by the ACLU of Texas and Baker Botts LLP https://www.aclutx.org/press-releases/federal-court-rules-again-that-texas-drag-ban-is-unconstitutional/ against Paxton and various Texas district and county attorneys: two community pride groups, two entertainment groups and Brigitte Bandit, a drag queen and Texas LGBTQ+ activist. After the 5th Circuit’s ruling, the pride groups were removed as plaintiffs https://www.texastribune.org/2026/08/25/texas-drag-show-ban-law-unconstitutional-second-ruling/ , and Paxton became the sole defendant in the revised lawsuit.
Hittner stated that, besides removing plaintiffs and defendants, the appellate court’s decision “did not disturb” https://www.texastribune.org/2026/08/25/texas-drag-show-ban-law-unconstitutional-second-ruling/ his initial ruling on SB 12. His ruling describes the law as having overly broad definitions of performance and nudity, noting that even Dolly Parton and Elvis impersonators could potentially be penalized under the ban.
“For those who find such activities as described in this case offensive, the solution is relatively simple … just don’t go,” Hittner wrote https://www.texastribune.org/2026/08/25/texas-drag-show-ban-law-unconstitutional-second-ruling/ .
SB 12 did not explicitly reference drag performances, but Texas Gov. Greg Abbott bragged about the law as a drag ban after its passage https://www.texastribune.org/2026/08/25/texas-drag-show-ban-law-unconstitutional-second-ruling/ , as noted by Hittner. The law seemingly portrays all drag performances as inherently sexual or obscene. The ACLU of Texas and its plaintiffs exposed the absurdity of the legislation.
“We use our performances to assert liberation, power, and joy with our community,” Bandit said in a press release from the ACLU of Texas https://www.aclutx.org/press-releases/federal-court-rules-again-that-texas-drag-ban-is-unconstitutional/ . “As a lifelong Texan, I’m sick of this state trying to censor art and stoke hatred and violence against drag artists and the LGBTQIA+ community.”
“Today’s decision confirms that the Legislature’s attempt to ban drag performances was unconstitutional from start to finish,” senior staff attorney at the ACLU of Texas Brian Klosterboer said https://www.aclutx.org/press-releases/federal-court-rules-again-that-texas-drag-ban-is-unconstitutional/ . “Drag has a rich history as a refuge of joy and liberation for countless Texans, and it’s not going anywhere. This law stifled free expression across our state and made people afraid to engage in or attend drag shows and other performances. But all Texans — no matter our gender or background – are guaranteed the right to freedom of expression.”
The ACLU of Texas, alongside the Freedom From Religion Foundation https://ffrf.org/news/releases/texas-families-sue-to-block-law-requiring-ten-commandments-in-every-public-school-classroom/ , the American Civil Liberties Union and Americans United for Separation of Church and State, is representing plaintiffs in a lawsuit opposing the mandate to display the Ten Commandments in all Texas public school classrooms.
The FFRF Action Fund thanks the ACLU of Texas for its tireless work protecting free speech and religious freedom in the Lone Star State.
#religion
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