A federal judge in Texas struck down a 2023 state law restricting drag shows on Tuesday — and invoked Dolly Parton to illustrate why the ban was unconstitutional.
U.S. District Judge David Hittner, a Ronald Reagan appointee, found that Texas Senate Bill 12 improperly restricted speech in violation of the First Amendment, reported NBC News, in a ruling that came down the same day the country music legend's death was announced.
The ruling Tuesday blocks state Attorney General Ken Paxton, currently running for the U.S. Senate, from enforcing the law and denies his request for a new trial.
The statute had allowed fines of up to $10,000 for business owners hosting drag events and Class A misdemeanor charges, punishable by up to a year in jail, for performers.
In striking down the law, Hittner criticized its ban on performances that "appeal to the prurient interest," pointing to Parton as an example of how broadly and unfairly such a standard could be applied.
He noted that critics have chastised the country music icon "as a voluptuous sex symbol because of her big hair, flamboyant clothes and breast exposure," writing that "there are 'erotic' elements in countless popular performances that could be subject to both civil and criminal penalties under S.B. 12."
One of the case's plaintiffs is a drag performer named Brigitte Bandit, who impersonates Parton in her shows and who received a rhinestone guitar from the singer in 2023. Bandit celebrated the ruling on social media, posting a screenshot of the decision, and said she would perform as Parton at an Austin bar Saturday in her honor.
Hittner also found the law unconstitutionally vague and overly broad, writing that it could sweep in activities like "cheerleading, dancing, live theater, and other common public occurrences" and failed "to give a reasonable person notice of what is prohibited."
For those offended by such performances, he offered succinct advice: "The solution is relatively simple ... just don't go."
The ruling marks the second time Hittner has struck down the law, following an initial 2023 decision that the 5th U.S. Circuit Court of Appeals sent back to him in November with instructions for reassessment, and the law had been back in effect since then.
Texas is among several states that have passed legislation restricting drag performances. Paxton's office did not immediately respond to a request for comment.
