Federal Judge Strikes Down Texas Drag Ban Again, Citing Threat to Mainstream Performances

US District Judge David Hittner struck down Texas's SB 12 for a second time on August 25, 2026, ruling the drag performance ban violates the First Amendment. Hittner warned the law's broad language could criminalize performances by Lady Gaga and Miley Cyrus, plus everyday activities like cheerleading and live theater. Texas AG Ken Paxton said he will immediately appeal, returning the case to the 5th Circuit.