Judge Overturns Texas Drag Ban, Citing First Amendment Rights

U.S. District Judge David Hittner ruled on Tuesday to strike down Senate Bill 12, a Texas law aimed at restricting drag shows, stating that the law imposes an unconstitutional restriction on speech. The ruling prevents the Texas attorney general from enforcing the law, which included civil fines of up to $10,000 for businesses and potential misdemeanor charges for individuals participating in drag performances. In his decision, Hittner referenced the late Dolly Parton, noting that just as she faced criticism for her appearance, many performances could be penalized under the law due to their erotic elements. Hittner highlighted that the law lacked clarity on who determines what constitutes a performance that appeals to 'prurient interest.' Parton, who passed away on the same day as the ruling, was mentioned multiple times in court records related to the case. One of the plaintiffs, Brigitte Bandit, a drag queen and activist, expressed her admiration for Parton, stating that she had significantly influenced her life and performances. Hittner had previously ruled against the law in September 2023, and despite a subsequent appeal, his determination that the law violates the First and Fourteenth Amendments remained unchanged. He concluded his ruling by suggesting that those opposed to drag performances simply choose not to attend.