A Texas law that would have restricted drag shows has been struck down by a federal judge appointed by President Ronald Reagan, who cited the legacy of performer Dolly Parton in his ruling. US District Judge David Hittner determined that the law, which made it a crime to present a "sexually oriented" performance in public or in the presence of minors, violated the First Amendment.
Hittner referenced Parton's enduring appeal and the criticisms she faced as a "voluptuous sex symbol" due to her distinctive style. "There are 'erotic' elements in countless popular performances that could be subject to both civil and criminal penalties" under the law, Hittner wrote in his decision.
The case included drag queen Brigitte Bandit, who impersonates Parton, as one of the plaintiffs. Following the ruling, Bandit posted on social media, "Drag is free speech, b****."
Legal Challenge and Precedent
Texas Senate Bill 12, backed by Senate hopeful Ken Paxton, sought to impose fines of up to $10,000 on businesses hosting prohibited events, with performers facing a Class A misdemeanor. Hittner had previously struck down the law as unconstitutional in 2023, but an appeals court revived it and ordered him to reconsider.
Texas is among several states that have enacted legislation restricting drag performances. Tennessee, for example, has similar restrictive laws. Country artist Kelsea Ballerini performed with drag queens at the 2023 CMT Awards shortly after Tennessee enacted its legislation.
Paxton is currently campaigning for a seat in the US Senate against Democrat James Talarico. His campaign faces challenges, including past impeachment proceedings from his role as Attorney General and allegations of adultery amid a divorce.
