Federal Judge Strikes Down Texas Drag Ban Law, Citing First Amendment Concerns

A federal judge name-checked Dolly Parton on Tuesday as he struck down a drag ban law in Texas on the same day the country icon’s death was announced.

In his ruling, Judge David Hittner argued the law, SB 12, was overly broad, poorly defined and infringed on First Amendment rights.

He noted that the legislation, which threatens fines and jail time for people associated with “sexually oriented” performances, could impact a wide variety of performers, including the late Tennessee songstress.

“Just as many people criticized Elvis's signature hip gyrations and were offended by his display of male sexuality, chastised Dolly Parton as a voluptuous sex symbol because of her big hair, flamboyant clothes and breast exposure...there are ‘erotic’ elements in countless popular performances that could be subject to both civil and criminal penalties under S.B. 12,” Hittner wrote.

He also noted ballerinas, gymnasts and stand-up comedians might be stifled by the bill.

The federal judge, a Ronald Reagan appointee, argued there was a simple solution for people offended by drag shows and other performances that might feature sexual material: “Just don’t go.”

“Today, we get to celebrate a victory over an effort to intimidate our community into being quieter, smaller and less visible,” Kerry Lynn, founder of the drag production company Extragrams, one of the plaintiffs in the suit, said in a statement to The New York Times. “The root of this fight has always been discrimination disguised as concern.”

Texas officials vowed to fight the ruling and send the case to federal appeals court for the second time, after Hittner originally blocked it in 2023 shortly after the law passed.

“This is a profoundly flawed decision that endangers our children and is an affront to Texas values,” Texas Attorney General Ken Paxton wrote on X on Tuesday. “I will appeal this decision immediately and continue to fight to protect our kids.”

Parton’s mention in a drag-related suit is fitting.

The singer is often imitated in drag shows, and she has a large queer fan base.

Throughout her life, Parton bucked expectations given her background as a devout Christian from rural Tennessee and was a vocal LGBTQ+ ally who regularly championed queer people.

On multiple occasions, Parton also spoke out in the face of restrictive laws targeting LGBTQ+ people in the South.