A federal judge in Texas ruled on August 25, 2026, that a 2023 state law aimed at restricting drag shows is unconstitutional. U.S. District Judge David Hittner stated that the law, known as Texas Senate Bill 12, improperly restricted speech and violated the First Amendment. This ruling prevents Texas Attorney General Ken Paxton from enforcing the law and denies his request for a new trial.
In his ruling, Hittner advised those who find drag shows offensive to simply not attend. The law imposed fines of up to $10,000 on business owners for hosting drag events and classified performers' violations as a Class A misdemeanor, potentially leading to one year of jail time.
The law has been the subject of a prolonged legal battle, with Hittner previously ruling it unconstitutional in 2023. However, the 5th U.S. Circuit Court of Appeals had returned the case to him in November, lifting a pause on the law and instructing him to reassess it.
Texas is one of several states that have enacted legislation to restrict drag shows. Hittner's recent ruling followed the framework set by the appeals court. He criticized the law's vague definitions, suggesting it could also criminalize common activities like cheerleading and dancing. Hittner referenced Dolly Parton in his ruling, noting that her performances could also fall under the law's restrictions due to their perceived erotic elements.
One of the plaintiffs, a drag performer known as Brigitte Bandit, celebrated the ruling on social media, emphasizing that drag constitutes free speech. Bandit announced plans to perform as Parton in tribute to the singer, who passed away on the same day as the ruling.