Federal Judge Strikes Down Texas Drag Ban Again — and Cites Dolly Parton
A federal judge in Texas struck down the state's ban on certain drag performances for the second time on 25 August 2026, ruling the law unconstitutional on free-speech grounds and invoking Dolly Parton, Elvis Presley and Miley Cyrus along the way. U.S. District Judge David Hittner found Texas Senate Bill 12 "facially overbroad" and "unconstitutionally vague" in a ruling that closes — for now — a legal fight that has bounced between courts since 2023. The Texas Tribune
Texas Senate Bill 12, enacted in 2023, banned drag shows in environments where minors could be present. The law targeted sexual gestures using "accessories or prosthetics that exaggerate male or female sexual characteristics." Violators faced up to a year in jail, and businesses hosting such events could be fined $10,000 per violation. Courthouse News
An earlier version of the bill named drag shows explicitly, but those references were stripped before passage. Governor Greg Abbott nonetheless "touted" the law as a drag ban after it passed, according to Hittner's ruling. The Texas Tribune
The ACLU of Texas filed the lawsuit on behalf of local drag performers, including one who sometimes performs as Dolly Parton on stage. That detail made its way into the ruling itself. Hittner wrote that the law was so broad it could criminalize "a Dolly Parton impersonator who uses a breast plate while dancing and making gestures." Billboard
The judge went further, naming other famous performances the law would apparently prohibit: Elvis Presley's "signature hip gyrations" and Miley Cyrus's twerking at the 2013 MTV Video Music Awards. Hittner wrote that under the law, "a single moment of eroticism could condemn an entire performance to criminal or civil penalties." Billboard
This is the second time Hittner has ruled against the law. He first found it unconstitutional in September 2023 and issued an injunction preventing it from taking effect. In 2025, the 5th U.S. Circuit Court of Appeals unblocked Senate Bill 12, sending the case back for further proceedings. Hittner's August 2026 ruling is his second decision against the law. Click2Houston
He closed with a line that read less like legal boilerplate and more like advice. "For those who find such activities as described in this case offensive," Hittner wrote, "the solution is relatively simple… just don't go." Billboard
The ruling adds Texas to a growing list of states where courts have blocked similar restrictions on drag performances, all on First Amendment grounds. Whether the state appeals again is not yet known.
