A Federal Judge Killed the Texas Drag Ban and Used Dolly Parton to Do It

The Ruling

U.S. District Judge David Hittner struck down Texas Senate Bill 12 on August 26, holding that the state’s 2023 restriction on drag performances violates the First Amendment. Hittner found the statute both substantially overbroad and unconstitutionally vague, singling out its undefined reference to “prurient interest in sex” as a standard performers could not apply in advance.

SB 12 criminalized what it called sexually explicit performances in front of minors, and defined the covered conduct to reach performers who sing or dance while wearing “clothing, makeup, or other similar physical markers” associated with the opposite gender. Violations carried fines up to $10,000 and a Class A misdemeanor charge.

Where Dolly Parton Enters

Hittner illustrated the overbreadth problem with a performer the statute plainly was not written to target. A woman with big hair and flamboyant clothes, singing on a Texas stage in front of a family audience, could fall inside the text as drafted. He used Parton as the example.

The reference landed the day after Parton’s death at 80, which is why the ruling traveled well beyond legal coverage. Hittner’s point was structural rather than sentimental. A law that can be read to reach the most beloved entertainer in the state is a law that has stopped describing its own target.

Just Don’t Go

The line that carried the opinion is four words long. “For those who find such activities offensive, the solution is relatively simple,” Hittner wrote. “Just don’t go.”

Who Brought the Case

The plaintiffs were The Woodlands Pride, Abilene Pride Alliance and 360 Queen Entertainment, joined by the Austin drag performer known as Brigitte Bandit. They argued the statute chilled protected expression by making performers guess where the line sat, with a criminal penalty attached to guessing wrong.

Texas Is Appealing

Attorney General Ken Paxton called the decision profoundly flawed and said the state will appeal immediately. Until an appellate court rules otherwise, SB 12 is unenforceable, and the venues that canceled bookings rather than risk a Class A misdemeanor have their calendars back.

References: Judge strikes down Texas ban on drag shows, tells people offended by them ‘just don’t go’ | Judge channels Dolly Parton in blocking Texas drag show ban | Judge strikes down Texas law restricting public drag performances | Federal judge shuts down Texas drag ban: If you don’t like drag “just don’t go”