A federal judge has struck down a Texas law targeting certain sexually oriented performances, ruling that the measure violated constitutional protections for free speech while invoking late country music legend Dolly Parton to illustrate the law’s sweeping reach.
US District Judge David Hittner ruled against Texas Senate Bill 12, a 2023 law that imposed restrictions on performances containing certain sexual conduct when they occurred in the presence of minors or on public property.
The law allowed businesses to face civil penalties of up to $10,000 for violations, while performers could potentially face criminal penalties, including up to one year behind bars.
Hittner concluded that the restrictions violated the First Amendment and warned that the language could encompass substantially more than drag performances.
“There are ‘erotic’ elements in countless popular performances that could be subject to both civil and criminal penalties under S.B. 12,” Hittner wrote.
The judge raised particular concerns about how authorities would determine whether a performance appealed to a “prurient interest,” arguing that the statute lacked sufficient standards for making such a determination.
Hittner wrote that without requiring authorities to consider a performance in its entirety, an isolated moment could potentially expose an entire production to penalties.
The judge then invoked Parton while illustrating how broadly perceptions of sexualized entertainment can vary.
Hittner noted that critics have previously characterized Parton as a sex symbol because of her appearance, including her famously extravagant hair and flamboyant clothing.
The reference came shortly after Parton’s reported death at age 80, adding an unusual cultural connection to the constitutional dispute.
Hittner also warned that the Texas law’s language could extend beyond drag performances and potentially affect other forms of entertainment, including “cheerleading, dancing, live theater, and other common public occurrences.”
His ruling centered on the First Amendment rather than whether audiences should personally approve or disapprove of drag performances.
The case represents a defeat for Texas officials who defended the legislation amid a broader political battle over drag performances and LGBTQ-related issues.
Texas Attorney General Ken Paxton has supported efforts to defend the state’s restrictions, while opponents have argued that the government cannot broadly suppress protected expression simply because some viewers consider it offensive.
Hittner addressed that argument directly near the conclusion of his decision.
“Finally, for those who find such activities as described in this case offensive,” Hittner wrote. “The solution is relatively simple … just don’t go.”
Parton had long maintained a significant following within the LGBTQ community and had publicly expressed support for gay people and same-sex marriage.
The ruling ultimately found that Texas could not enforce the challenged restrictions as written because their reach conflicted with First Amendment protections, delivering another major development in the years-long legal fight surrounding Senate Bill 12.
