Federal Judge Cites Dolly Parton While Striking Down Texas Drag Ban

Federal Judge David Hittner recently struck down Texas' controversial SB 12 drag ban, citing concerns over its overly broad restrictions and drawing parallels to various forms of artistic expression. In a ruling on August 25th, Hittner blocked Attorney General Ken Paxton from enforcing the law, which had been previously deemed unconstitutional in 2023 but was later revived by an appeals court.

The legislation aimed to prohibit "sexually oriented performances" from public properties and venues where minors were present, with businesses facing fines up to $10,000 and performers potentially facing misdemeanor charges.

However, Hittner's decision went beyond just the drag ban, emphasizing that the law's vague definition of "prurient interest in sex" could impact a wide range of performances, including cosplay, swimming, and even Dolly Parton's provocative acts. Drawing attention to the sex symbol status of Parton, Hittner suggested that her flamboyant style and breast exposure could also fall under the law's restrictions.

The judge acknowledged that numerous popular performances possess "erotic" elements, and under SB 12, a single moment of eroticism could lead to penalties for the entire act. Austin drag performer Brigitte Bandit, one of the plaintiffs challenging the law, welcomed the decision as a victory for artistic expression. Bandit, who has been fighting Texas' drag restrictions since 2023, regularly performs as Parton and received a custom rhinestone-covered guitar from the country singer after her advocacy gained attention in 2023.

Following Parton's passing, Bandit plans to showcase the guitar during a Dolly tribute at her Drag Hoedown in Austin on Saturday. Although Paxton's office plans to contest the decision, this ruling brings a significant victory to those advocating for artistic freedom in Texas. However, the three-year legal battle over SB 12 appears far from over.