Texas Appeals Court Upholds Law Banning Sexualized Drag Shows for Minors

The Fifth Circuit Court of Appeals ruled that the law can go into effect after being under a permanent injunction for two years.

Published on Feb. 26, 2026

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The Fifth Circuit Court of Appeals issued a major victory for Texas by allowing S.B. 12, the state's law banning sexualized performances in front of minors, to go into effect. The court lifted the district court's injunction and ruled that most of the plaintiffs lacked standing to challenge the law. The court also said the lower court applied the wrong legal standard in striking down the statute and sent the case back for proper constitutional analysis.

Why it matters

This ruling is seen as a win for those who want to protect children from exposure to sexually oriented content and environments. Texas has been at the forefront of efforts to safeguard minors from such material, and this law is part of the state's broader initiative in this area.

The details

S.B. 12 was passed during the 2023 Texas legislative session as part of the state's effort to shield minors from sexualized content. The law bans sexualized performances in public venues and commercial establishments. The Fifth Circuit's decision lifts the permanent injunction that had been in place for two years, allowing the Texas Attorney General to enforce the law.

  • The Fifth Circuit Court of Appeals issued its ruling on February 26, 2026.
  • S.B. 12 was passed by the Texas Legislature in 2023.

The players

S.B. 12

The Texas law banning sexualized performances in front of minors, passed in 2023.

Sen. Bryan Hughes

The Texas state senator who sponsored S.B. 12.

Rep. Matt Shaheen

The Texas state representative who co-sponsored S.B. 12.

Texas Values

The nonprofit organization that led the effort to pass S.B. 12 and filed a legal brief in support of the law.

Jonathan Covey

The Director of Policy for Texas Values.

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What they’re saying

“Today's ruling is a victory for common sense and a rebuke to those who tried to weaponize the courts. Protecting kids should never be controversial, and Texas will not apologize for drawing a clear line to shield children from sexualized performances.”

— Jonathan Covey, Director of Policy, Texas Values

What’s next

The case will now be sent back to the lower court for proper constitutional analysis, as ordered by the Fifth Circuit.

The takeaway

This ruling upholds Texas' efforts to protect children from exposure to sexually oriented content and environments, demonstrating the state's commitment to safeguarding minors from such material.