Texas judge says 2023 anti drag bill unconstitutional, uses Dolly Parton as example
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On August 25, a federal judge in Texas struck down the state’s 2023 bill limiting drag shows, ruling it was unconstitutional and citing the late Dolly Parton in the process.
Senate Bill 12 (2023) aimed to restrict sexually oriented public performances where minors under 18 years of age would be present. While the bill does not specifically single out drag shows, it has largely been viewed as a way to target LGBTQ+ focused performances.
Venues violating the law could be fined up to $10,000, while performers could be charged with a Class A misdemeanor and possibly up to a year in jail.
Last week, U.S. District Judge David Hittner ruled the bill unconstitutional and in violation of First Amendment rights. In his ruling, he found fault in the vague language used in the bill, including the segment arguing “appealing to the prurient interest.
He compared this thinking to that of 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,” he wrote, including cheerleading, dancing, live theater and common public occurrences.
Additionally, Hittner suggested a “relatively simple” solution for “those who find such activities as described in this case offensive.”
The solution: “just don’t go.”
Hittner’s decision came the same day Dolly Parton passed away at 80. It was revealed that the legendary singer battled a brief term of cancer. The news was devastating to what seemed like the whole world.
One of the plaintiffs in the case, a drag queen named Brigitte Bandit, regularly impersonated Parton on stage and celebrated the decision with a touching tribute to the late country music icon.
“Drag is free speech, b----.” She announced she would also perform as Parton, who gave her a rhinestone guitar as a gift in 2023.