Federal Appeals Court Clears Way for Texas to Enforce Ban on Explicit Performances for Minors

March 2, 2026 – A federal appeals court has ruled that Texas may enforce its 2023 law restricting sexually explicit performances in the presence of minors, reversing a lower court decision that had blocked the measure.

A two-judge panel of the U.S. Court of Appeals for the Fifth Circuit lifted a prior injunction, allowing the state to move forward with enforcement while legal challenges continue. The ruling overturns an earlier decision that had temporarily halted the law on constitutional grounds.

The legislation, passed by Texas lawmakers in 2023, regulates sexually oriented performances on public property or in venues where children are present. It specifically bars explicit conduct — including certain erotic drag performances — from taking place in front of minors.

In their opinion, the appellate judges questioned whether the types of performances described in court filings qualify for constitutional protection under the First Amendment. The panel referenced acts such as performers using “pulsing prosthetic breasts” or being “spanked by audience members,” expressing skepticism that such conduct constitutes protected expressive speech when minors are present.

Supporters of the law argue it is designed to shield children from sexually explicit material and does not prohibit adult performances in appropriate settings. Opponents contend the measure unfairly targets drag performers and infringes on free speech rights.

With the injunction lifted, Texas officials can now begin enforcing the restrictions unless further appeals are filed.