A federal judge in Texas ruled that a 2023 state law restricting drag shows is unconstitutional, referencing the late country singer Dolly Parton in his decision. U.S. District Judge David Hittner stated that the law violated the First Amendment's freedom of speech protections. The law, known as Senate Bill 12, was enacted in March 2023 and prohibited drag performances from being suggestive or involving prosthetics in front of children. Violators faced fines of up to $10,000, and performers could be charged with a Class A misdemeanor.
In his ruling, Judge Hittner advised those who find drag shows offensive to simply not attend. He criticized the ban as appealing to 'prurient interest' and noted that many popular performances could be subject to penalties under the law. Hittner highlighted that the broad terms of the legislation could potentially ban performances by artists like Lady Gaga or Miley Cyrus.
Briditte Bandit, a drag queen involved in the case, impersonates Parton in her performances and celebrated the ruling by stating, 'Drag is free speech.' She plans to honor Parton, who gifted her a rhinestone guitar in 2023, by performing as the singer. The ruling prevents Texas Attorney General Ken Paxton from enforcing the law, although he has announced plans to appeal the decision, claiming it endangers children and contradicts Texas values. Advocacy groups had previously sued the state, arguing the law violated constitutional rights. Hittner had initially declared the ban unconstitutional in 2023, but it was reinstated by the 5th U.S. Circuit Court of Appeals in 2025 before being struck down again this year.