CHAMBER STATEMENT

Statement from the Greater Houston LGBTQ+ Chamber of Commerce on the SB 12 Ruling

The Greater Houston LGBTQ+ Chamber of Commerce celebrates U.S. District Judge David Hittner’s decision once again declaring Texas Senate Bill 12—widely known as the state’s drag ban—unconstitutional.

This ruling comes in Extragrams LLC, 360 Queen Entertainment LLC, & Brigette Bandit, Plaintiffs, v. Warren Kenneth Paxton, the first of two lawsuits filed within 24 hours of one another in August 2023 challenging SB 12. The lawsuit was filed by the ACLU of Texas and Baker Botts LLP on behalf of Chamber Member The Woodlands Pride and other plaintiffs.

The Greater Houston LGBTQ+ Chamber of Commerce became a plaintiff in a separate lawsuit filed by the Texas Civil Rights Project, joining two other Texas LGBTQ+ chambers, additional organizations and individual performers in challenging the same discriminatory law. We entered that fight to give voice to the businesses, nonprofits, venues and performers whose operations, livelihoods and freedom of expression were directly threatened by SB 12.

Although these were separate legal challenges, they were united by the same fundamental truth: SB 12 was an unconstitutional attack on protected expression that would inflict real harm on LGBTQ+ Texans and the broader business community. Judge Hittner’s ruling validates the constitutional concerns raised in both cases and affirms why so many organizations and individuals stepped forward to challenge this law.

The Court reaffirmed what we have known since SB 12 was signed into law in June 2023: the measure is unconstitutionally vague, excessively broad and fundamentally incompatible with the First Amendment. The Court found that the law could reach countless constitutionally protected performances—not only drag, but also theater, dance, comedy, music, art exhibitions, cheerleading and other forms of creative expression.

This ruling is an important victory for drag performers, LGBTQ+ Texans, businesses and every person who values freedom of speech and artistic expression. It also provides critical protection for restaurants, theaters, performance halls, event venues, dance halls and other businesses that should never have been placed at risk simply for presenting lawful performances or creating welcoming spaces for their communities. The Court’s judgment prohibits the Texas Attorney General from enforcing SB 12.

For businesses, the damage caused by laws like SB 12 is real. Vague and discriminatory restrictions create uncertainty, discourage bookings, threaten jobs and livelihoods, disrupt events and force business owners to make decisions under the threat of significant penalties. They also send a harmful message that LGBTQ+ people, performers and businesses are somehow less deserving of visibility, opportunity and equal treatment.

Drag is art. Drag is entrepreneurship. Drag creates jobs, generates revenue and brings people together through entertainment, celebration and community. It is also protected expression. The government cannot suppress speech simply because some people disagree with it or find it uncomfortable.

We are deeply grateful to The Woodlands Pride and the other plaintiffs whose case secured this important ruling, as well as the ACLU of Texas and Baker Botts for their determined legal advocacy. We also recognize the Texas Civil Rights Project and our fellow plaintiffs for advancing a parallel challenge and ensuring that the voices of affected businesses and organizations were represented in this fight.

We are especially proud of Chamber Member The Woodlands Pride for its courage in serving as an original plaintiff in the case that led to this ruling. Its leadership—alongside that of every plaintiff, performer, organization and advocate who challenged SB 12—is a powerful reminder of what is possible when our community stands together and refuses to be intimidated into becoming quieter, smaller or less visible.

While we celebrate this ruling, we recognize that the fight may not be over. The Greater Houston LGBTQ+ Chamber will continue to stand with our members, the broader LGBTQ+ community and all those working to protect free expression and ensure that Texas remains a place where people and businesses can thrive without discrimination or government censorship.

We belong here. Our art belongs here. Our businesses belong here. And we will not stop standing up for our community, our freedoms and our future.