Judge name-checks Dolly Parton as he strikes down Texas drag ban a second time
Parton famously once said: “If I hadn’t been a woman, I’d be a drag queen for sure,” making the ruling all the more poignant
By Aaron Sugg
US District Judge David Hittner name-checked Dolly Parton as he struck down a Texas state law that prohibits sexualised drag shows.
Introduced in 2023, Texas’ SB 12 drag ban restricts “sexually oriented performances” in public spaces or in front of children, though it has faced criticism over its vague wording.
Advocacy groups challenged the law in court, arguing that its ban on “sexually oriented performance” violated constitutional rights.
David Hittner strikes down SB 12 drag ban twice
Following the challenge, Hittner declared SB 12 unconstitutional, placing a preliminary injunction on the law and stating that it violated the First Amendment, effectively blocking the ban.
The 5th US Circuit Court of Appeals lifted the block in 2025, but Hittner has now struck down the law once again.
On 25 August, the day of Parton’s passing, he ruled: “Just as many people criticised 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… there are ‘erotic’ elements in countless popular performances that could be subject to both civil and criminal penalties under S.B. 12.”
“Just don’t go” – Hittner offers a simple solution
As a response to those who disagree with drag shows in the state, Hittner offered a simple solution: “Just don’t go.”
Kerry Lynn, founder of drag production company Extragrams and one of the plaintiffs, celebrated the ruling. They told The New York Times: “Today, we get to celebrate a victory over an effort to intimidate our community into being quieter, smaller and less visible.”
She added: “The root of this fight has always been discrimination disguised as concern.”
Through her music, compassion, glamour and larger-than-life persona, Parton made a lasting impact on the LGBTQ+ community and beyond.
Dolly Parton’s impact on the drag community
She was a vocal ally, supporting same-sex marriage, trans rights and wider LGBTQ+ equality. Parton also had a profound impact on the drag community. She famously once said: “If I hadn’t been a woman, I’d be a drag queen for sure,” making Hittner’s words all the more poignant.
Texas Attorney General Ken Paxton announced plans to appeal the decision to X, calling it “profoundly flawed” and claiming it “endangers our children”.