Ban on drags shows in Texas struck down by Reagan judge citing Dolly Parton’s ‘sex symbol’ legacy
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A federal judge in Texas has struck down a state law backed by Attorney General Ken Paxton that sought to restrict sexually oriented performances, including some drag shows, in public places or where under-18s were present. Judge David Hittner ruled that the measure breached First Amendment free-speech protections, saying its broad wording could expose many mainstream performances to civil or criminal penalties. The decision is significant because Texas is among several states that have pursued restrictions on drag performances.
The law, Senate Bill 12, allowed fines of up to $10,000 for businesses hosting prohibited events and up to a year in jail for performers convicted of a Class A misdemeanour. Hittner had previously blocked the law in 2023, but an appeals court later revived it and instructed him to reconsider the case. In his new ruling, he referred to Dolly Parton’s public image as an example of how sexualised elements can appear in popular entertainment; one plaintiff, drag performer Brigitte Bandit, is known for impersonating Parton.
- Texas drag-performance restrictions were ruled unconstitutional.
- Judge cited broad free-speech concerns.
- Businesses faced $10,000 fines under the law.
Full account
A federal judge in Texas has again blocked a state law aimed at limiting some drag performances, finding that its restrictions conflicted with constitutional free-speech protections. US District Judge David Hittner ruled against Senate Bill 12, which sought to penalise certain sexually oriented performances held on public property or attended by under-18s. The measure had been supported by Texas attorney general Ken Paxton.
Hittner, who was appointed by President Ronald Reagan, concluded that the law could reach far beyond drag events. His judgment referred to the public image of Dolly Parton, including criticism she faced over her deliberately glamorous appearance and sexualised persona. The judge’s point was that many mainstream performances contain suggestive or erotic elements and might therefore risk civil or criminal consequences under the statute’s wording.
The legislation allowed penalties of up to $10,000 for venues found to have hosted prohibited performances. Individual performers could also have faced a Class A misdemeanour, potentially carrying a prison term of up to a year. Hittner had previously found the measure unconstitutional in 2023, but an appeals court later revived the case and instructed him to reconsider it under a particular legal framework.
Among the challengers was the Austin drag performer Brigitte Bandit, who is known for impersonating Parton. Bandit celebrated the decision online and was reported to be planning a Parton tribute performance. The ruling forms part of a wider legal and political dispute over state attempts to regulate drag shows, with Texas among several states that have enacted or proposed comparable restrictions.
Where outlets differ
The two supplied reports are substantively identical, so they do not present a material difference in facts, emphasis or framing.
Both reports foreground Hittner’s Reagan appointment, Paxton’s political position and the Dolly Parton reference, rather than providing extensive detail on the appeals court’s reasoning or arguments from the law’s supporters beyond the penalties involved.
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