Texas drag ban shut down as judge cites Dolly Parton in ruling: ‘Just don’t go’
A judge cited Dolly Parton in a drag ban ruling (Image: Getty Images)
A federal judge has struck down Texas Senate Bill 12, a 2023 law targeting drag performances, telling people who are offended by drag shows: “The solution is relatively simple … just don’t go.”
US District Judge David Hittner ruled on Tuesday that S.B. 12 improperly restricted speech in violation of the First Amendment. The decision blocks Texas attorney general Ken Paxton from enforcing the law and puts a stop to his motion for a new trial, as reported by NBC News.
Under the bill, business owners found in violation for hosting events could have been fined up to $10,000. Performers could also have faced a Class A misdemeanour, carrying up to one year in jail time.
Hittner said the statute was overly broad, warning it could sweep in “cheerleading, dancing, live theatre, and other common public occurrences”. He also found the law vague, writing that it failed “to give a reasonable person notice of what is prohibited”.
How the case got here
The measure has been tied up in court for years. Hittner first deemed the statute unconstitutional in 2023, but the 5th US Circuit Court of Appeals returned the case to him in November with instructions on how to reassess it, lifting a pause on the law. It went back into effect in 2025 after a ruling in the appeals court.
Hittner struck down the law again on Tuesday after applying the framework the higher court asked him to use. The legal fight has unfolded alongside wider attempts in several states to curb drag performances, a recurring flashpoint in US culture-war politics.
Why was Dolly Parton mentioned?
In his ruling, Hittner referenced Dolly Parton, who died on 25 August, and criticised the law’s definition of performances that “appeal to the prurient interest”, warning that mainstream entertainment could be penalised. “There are ‘erotic’ elements in countless popular performances that could be subject to both civil and criminal penalties under S.B. 12,” he wrote, adding that people could also be upset by the late performer “as a voluptuous sex symbol because of her big hair, flamboyant clothes and breast exposure”.
One of the plaintiffs, drag performer Brigitte Bandit, celebrated the ruling on social media, posting a screenshot of the decision with the caption: “Drag is free speech, b****.”
Bandit also said she would perform as Parton at an Austin bar on Saturday in her honour, with a rhinestone guitar that the beloved icon gifted her.
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