On August 25, 2026, a federal judge struck down a drag ban in Texas and cited Dolly Parton in his ruling. Parton passed away that same day at age 80. But while her iconic look and personality had inspired drag queens for decades, U.S. District Judge David Hittner didn’t use her as an example in the way one might think.
In 2023, Texas Senate Bill 12 was passed, explicitly restricting drag performances in the state. Other states with similar bills are Montana and Tennessee. Florida, Arkansas, and North Dakota passed legislation that restricts “adult-oriented” performances, but these are often used to target drag shows.
Businesses that violated the Texas law by hosting drag events would be fined up to $10,000. Additionally, performers could face Class A misdemeanors, resulting in up to a year in jail. But Hittner ruled that the law was unconstitutional and violated First Amendment rights. And this isn’t the first time he’s said that.
Judge Uses Dolly Parton as an Example of ‘Prurient Interest’ in Pop Culture To Highlight Disparity of Texas Drag Ban
In September 2023, Judge Hittner first ruled the law unconstitutional. The court paused the law, rendering it unenforceable. But that November, the 5th U.S. Circuit Court of Appeals sent it back to Hittner, along with specific instructions on how the court wanted him to address it.
After the appeals court lifted the pause, the law went back into effect in 2025. In August 2026, Hittner made his opinion of the law clear once again. But this time, he had Dolly Parton’s spirit to back him up.
Hittner followed the appeals court’s instructions, and he still struck the bill down. He criticized the language used in the law, specifically the definition of performances that “[appeal] to the prurient interest”. In plain terms, the sexual, erotic, or titillating interest. The main problem with banning drag shows for “appealing to the prurient interest” is that drag is not inherently sexual.
In his ruling, Hittner compared the outrage at drag shows to those who would criticize Dolly Parton “as a voluptuous sex symbol because of her big hair, flamboyant clothes and breast exposure.”
He further highlighted the disparity, according to a report from NBC News. “There are ‘erotic’ elements in countless popular performances that could be subject to both civil and criminal penalties under S.B. 12,” he said. By this metric, “cheerleading, dancing, live theater, and other common public occurrences” had the potential to violate the law.
Overall, Hittner said the language of the bill was too vague and failed “to give a reasonable person notice of what is prohibited.” Additionally, Hittner had a “relatively simple” solution for “those who find such activities as described in this case offensive.”
The solution, he said, was “just don’t go.”
Photo by George Rose/Getty Images
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