Judge Strikes Down Texas Drag Show Ban as Unconstitutional

A federal judge in Texas struck down a 2023 state law Tuesday that sought to restrict drag shows, ruling it was unconstitutional.

U.S. District Judge David Hittner, a Reagan appointee, said the measure, known as Texas Senate Bill 12, improperly restricted speech in violation of the First Amendment. The ruling prevents state Attorney General Ken Paxton, who is running for the Senate, from enforcing the law and denies his motion for a new trial.

In the ruling, Hittner also had advice for "those who find such activities as described in this case offensive." "The solution is relatively simple ... just don't go," he wrote.

Paxton's office did not immediately reply to a request for comment Tuesday night.

The law would have fined business owners up to $10,000 for hosting violating events, while performers could face a Class A misdemeanor carrying up to a year in jail.

The statute has been the source of a yearslong legal battle. Hittner first deemed it unconstitutional in 2023, but the 5th U.S. Circuit Court of Appeals returned the case to him in November, lifting a pause on the law and giving him specific instructions for reassessing it. The law went back into effect last year following that appeals court ruling. Texas is among a handful of states that have passed legislation restricting drag shows.

In his ruling, Hittner referenced Dolly Parton, whose death was announced Tuesday, criticizing the law's ban on performances that "appeal to the prurient interest" by citing people who might chastise Parton "as a voluptuous sex symbol because of her big hair, flamboyant clothes and breast exposure."

One plaintiff, a drag performer known as Brigitte Bandit who impersonates Parton, celebrated the ruling on social media, writing, "Drag is free speech, b----." She said she would perform as Parton at an Austin bar Saturday in the singer's honor.

Hittner added that the law was so broad it could subject activities like cheerleading, dancing and live theater to civil or criminal penalties, and that it was unconstitutionally vague.