Dolly Parton probably wasn’t who Texas lawmakers had in mind when they set out to restrict drag performances. According to a federal judge, that’s part of the problem.
On Tuesday, August 25th, US District Judge David Hittner permanently blocked Attorney General Ken Paxton from enforcing Senate Bill 12, ruling for a second time that the law violates the First Amendment. Explaining just how broadly its restrictions could be applied, Hittner cited everything from swimmers and cosplay to Elvis impersonators and Dolly Parton. And for anyone still offended by drag shows, he offered a solid and straightforward alternative: “just don’t go.”
SB 12 was passed in 2023 and bars certain “sexually oriented performances” from public property and venues where minors are present. The final law never explicitly uses the word “drag,” though Greg Abbott publicly promoted it as a drag restriction and earlier versions did single out drag performances. Businesses can face fines of up to $10,000, while performers can face misdemeanor charges.
Hittner first struck down the law in 2023, but an appeals court later revived it and sent the case back for another review. The restrictions took effect in March. With the case in front of him again, Hittner arrived back where he started: the law is written so broadly that it risks punishing constitutionally protected expression.
That’s where Dolly comes in. While criticizing the law’s vague definition of “prurient interest in sex,” Hittner noted that Parton had long been treated as a sex symbol thanks in part to her “big hair, flamboyant clothes and breast exposure.” Similar logic, he argued, could sweep up provocative cosplay, swimming, and countless other performances that have nothing to do with what Texas lawmakers set out to regulate.
His larger point: “There are ‘erotic’ elements in countless popular performances,” and under SB 12, “a single moment of eroticism could condemn an entire performance” and expose it to penalties.
Austin drag performer Brigitte Bandit, one of the plaintiffs challenging the law, celebrated the decision as a victory for artistic expression. Bandit has been fighting Texas’ drag restrictions since 2023 and has described her performances as expressions of community, liberation, and joy.
The Dolly connection doesn’t end with the ruling. Bandit regularly performs as Parton, and after her advocacy against Texas’ drag restrictions gained attention in 2023, Parton sent her a custom rhinestone-covered guitar. Following Parton’s death this week, Bandit plans to bring the guitar out for a Dolly tribute at her Drag Hoedown in Austin on Saturday.
Paxton’s office is expected to keep fighting the decision, so Texas’ three-year battle over SB 12 is likely not finished. For now, at least, Dolly impersonators and drag queens in Texas can keep working 9 to 5.
