Texas Judge Strikes Down Drag Ban, Citing Dolly Parton in First Amendment Ruling
On August 25, 2026, U.S. District Judge David Hittner struck down Texas Senate Bill 12 for a second time, ruling that the 2023 law regulating performances violates the First Amendment. Citing country icon Dolly Parton alongside Elvis Presley and Miley Cyrus, Hittner barred Texas Attorney General Ken Paxton from enforcing the statute.
Constitutional Challenges and First Amendment Protections
U.S. District Judge David Hittner issued his supplemental findings of fact and conclusions of law on Tuesday, August 26, 2026, declaring the state’s Senate Bill 12 unconstitutional. Although the text did not explicitly mention drag, lawmakers openly promoted it as a drag ban from its inception.
The ruling underscores that protected artistic expression cannot be broadly criminalized under vague statutory definitions. Hittner noted that the law is unconstitutionally vague because it targets performances appealing to a prurient interest in sex.
Historical Precedents and Cultural Icons in Judicial Reasoning
In a notable analytical passage, Hittner looked to pop culture history to illustrate the fluid definition of eroticism in public performances. According to the sources, the court compared contemporary drag shows to past moral panics surrounding mainstream music legends.
“Just as many people criticized Elvis’s signature hip gyrations and were offended by his display of male sexuality, chastised Dolly Parton as a voluptuous sex symbol because of her big hair, flamboyant clothes and breast exposure, and shamed Miley Cyrus for ‘twerking’ on stage during a live performance at the 2013 MTV Video Music Awards, there are ‘erotic’ elements in countless popular performances that could be subject to both civil and criminal penalties under S.B. 12,” Hittner wrote.
This judicial comparison coincided with the passing of Dolly Parton on August 25, 2026, at age 80 in Nashville, Tennessee. The philanthropist and singer had long served as an outspoken advocate for the LGBTQIA+ and drag communities.
Legal Battlegrounds and Future Appeals
The litigation began shortly after Republican Governor Greg Abbott signed the measure in June 2023. Plaintiffs, including Austin-based drag performer Brigitte Bandit and various LGBTQ rights groups represented by the American Civil Liberties Union of Texas, immediately challenged the statute. Following Hittner’s initial 2023 injunction, an appeals court permitted the law to take effect temporarily while returning the case to the district court for reassessment.
Brian Klosterboer, a senior staff attorney at the American Civil Liberties Union of Texas, addressed the outcome. “We celebrate this victory and remain committed to stopping state officials from targeting LGBTQIA+ Texans and making our state less free and fair,” Klosterboer stated.
Meanwhile, state officials signaled immediate opposition. Texas Attorney General Ken Paxton announced via social media platform X his intent to appeal the decision, characterizing it as a flawed ruling that undermines state values.
For those troubled by public performances, Hittner offered a concise remedy within the court text. For individuals who find such activities offensive, the solution is relatively simple: just do not go.