Federal Judge Overturns Texas Law Restricting Drag Shows

A federal judge in Texas ruled on August 25, 2026, that a 2023 state law aimed at restricting drag shows is unconstitutional. U.S. District Judge David Hittner stated that the law, known as Texas Senate Bill 12, improperly restricted speech, violating the First Amendment. The ruling prevents Texas Attorney General Ken Paxton from enforcing the law and denies his motion for a new trial. Hittner advised those who find drag shows offensive to 'just don’t go.' The law imposed fines of up to $10,000 on business owners for hosting drag events and classified performers' violations as Class A misdemeanors, potentially resulting in up to one year in jail. This law has been the subject of a prolonged legal battle, with Hittner previously ruling it unconstitutional in 2023. The 5th U.S. Circuit Court of Appeals had returned the case to him in November, instructing him on how to reassess the law. Hittner's latest ruling followed these guidelines. He criticized the law's vague definitions, noting that it could apply to various performances, including cheerleading and live theater. Hittner referenced Dolly Parton in his ruling, arguing that the law could unjustly penalize performances that appeal to 'prurient interest.' One plaintiff, a drag queen named Brigitte Bandit, celebrated the ruling on social media and announced a performance in honor of Parton, who had gifted her a rhinestone guitar in 2023.