Federal judge again blocks Texas drag-show law, citing Dolly Parton and the First Amendment

Over 300 activists and supporters marched from the Bexar County Courthouse to Crockett Park in “March for Us,” San Antonio's third annual celebration of Transgender Day of Visibility, on March 29, 2025, in San Antonio.

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The law’s critics have repeatedly raised concerns that Republican lawmakers, in passing the law, had portrayed all drag performances as inherently sexual or obscene.

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The law, which Texas conservative leaders created as a measure to protect children, is "unconstitutionally vague" and could hypothetically lead to situations such as a gymnast performing in a leotard or the (recently departed) Dolly Parton performing in a low-cut dress being accused of being "nude" and in violation of Texas law, Hittner wrote.

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The 34-page decision once again barred the law from being enforced.

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State Sen. Bryan Hughes, a Republican from Mineola, drafted a bill to restrict and criminalize drag shows, but its language was changed near the end of the session to remove explicit references to the drag.

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The Republican-majority Legislature passed SB 12 in 2023.

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The plaintiffs, including Texas business owners, LGBTQ groups and a drag queen, argued the bill threatened performers' livelihoods and said it would have a chilling effect on "entire genres of performances that are not obscene or inappropriate," such as high school Shakespearean plays or Dallas Cowboys cheerleading shows.

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Drag performer Anita Refill performs before the 48th Annual Houston Pride Parade in downtown Houston on Saturday, Aug. 15, 2026.

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The plaintiffs, including Texas business owners, LGBTQ groups and a drag queen, argued the bill threatened performers' livelihoods and said it would have a chilling effect on "entire genres of performances that are not obscene or inappropriate," such as high school Shakespearean plays or Dallas Cowboys cheerleading shows.

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After the dismissal, two businesses that host drag shows and a Austin-based performer, Brigitte Bandit, remained as plaintiffs.

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The law came amid a wave of protests from conservative groups that targeted drag shows advertising as family friendly events.

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The Woodlands Pride, a local nonprofit that has held an annual Pride festival since its founding in 2018, was among the plaintiffs in the original lawsuit.

The group was dismissed from the lawsuit in April, along with a Pride group from Abilene.

Their dismissal came after the Fifth Circuit ruling indicated the groups didn't have standing to sue.

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In June 2023, Gov. Greg Abbott shared a news story with the headline "Texas Governor Signs Law Banning Drag Performances in Public," on his X account.

"That's right," Abbott wrote.

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Drag is an art form with roots that date back a millennium, and while it's often associated with the LGBTQ community, all kinds of people have participated in or enjoyed the shows throughout world history, plaintiffs argued in their suit.

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The judge also appeared to push back against arguments that the law was meant to protect young people.

During the 2023 trial, he noted, an expert called by Paxton's office testified that "he had never seen someone suffer serious harm due to a drag show or other performances proscribed by S.B. 12."

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U.S. District Judge David Hittner, a Reagan appointee, said the measure, known as Texas Senate Bill 12, improperly restricted speech, violating the First Amendment of the Constitution.

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Hittner struck down the law Tuesday after having followed the framework the higher court asked him to follow.

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Texas is among a handful of states that have passed legislation to restrict drag shows.

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One of the plaintiffs in the case, a drag queen who performs under the name Brigitte Bandit, impersonates Parton in her performances.

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She announced she would also perform as Parton, who gave her a rhinestone guitar as a gift in 2023, at an Austin bar Saturday in her honor.

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Texas Attorney General Ken Paxton's office had defended the law, which, among other restrictions, banned "the exhibition of sexual gesticulations using accessories or prosthetics that exaggerate male or female sexual characteristics" in public, or in venues where people under 18 may see it.

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Drag queen Brigitte Bandit performs in Austin, Texas, U.S. August 16, 2025.

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Opponents of the law criticized it as too broad and said it was explicitly intended to target LGBT performers.

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However, in February 2026, the Fifth Circuit Court of Appeals ruled that the law could take effect for the first time after being blocked for the last two and a half years, while sending it back to the district court for further analysis.

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Businesses can face fines of up to $10,000 for violations, while performers can be charged with a Class A misdemeanor, punishable by up to a year in jail and a $4,000 fine.

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Brigitte Bandit, an Austin-based drag performer and plaintiff in the lawsuit, said the ruling affirmed drag as a form of protected expression.

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