A federal judge just struck down Texas's ban on sexualized performances in front of children — overriding the will of Texas voters and their elected representatives for the second time.
U.S. District Judge David Hittner, a Reagan appointee, ruled Tuesday that Senate Bill 12 violates the First Amendment, calling its definitions overly broad and an unconstitutional form of content and viewpoint discrimination. The 2023 law barred businesses from hosting sexually oriented performances in the presence of minors, carrying fines up to $10,000 for venue owners and up to a year in jail for performers.
Hittner's reasoning stretches toward the absurd. He argued the law is so broad it could criminalize everyday entertainment. "Just as many people criticized Elvis's signature hip gyrations... chastised Dolly Parton as a voluptuous sex symbol because of her big hair, flamboyant clothes, and breast exposure, and shamed Miley Cyrus for 'twerking' on stage... there are 'erotic' elements in countless popular performances that could be subject to both civil and criminal penalties under S.B. 12," Hittner wrote, according to Courthouse News.
The Parton comparison is particularly strained. One of the plaintiffs, a drag performer who goes by Brigitte Bandit, impersonates Parton — and Parton reportedly gifted Bandit a rhinestone-covered guitar in 2023 after she testified against anti-drag bills. Hittner also warned the law could criminalize "cheerleading, dancing, live theater, and other common public occurrences."
This is Hittner's second swing at the law. He first blocked it in September 2023, but the Fifth Circuit Court of Appeals overturned that injunction in 2025 and allowed Texas Attorney General Ken Paxton to resume enforcement. The appellate court gave Hittner instructions on how to reassess the statute. He has now done so — and reached the same conclusion.
Hittner also offered advice to Texans concerned about children exposed to sexualized performances: "The solution is relatively simple… just don't go."
Paxton, who is running for U.S. Senate, said he would immediately appeal. "This is a profoundly flawed decision that endangers our children and is an affront to Texas values," he wrote on X.
The Guardian framed the Texas law as part of a "right-wing backlash to increasing queer and transgender rights and equality" — language that treats parental concern about children attending drag performances as mere bigotry. Breitbart focused on the judge's Parton comparison and the breadth of the ruling.
The ACLU's Texas chapter celebrated: "Drag has a rich history as a refuge of joy and liberation for countless Texans, and it's not going anywhere." Bandit posted on social media: "Drag is free speech, b----."
The core question: when Texas legislators, accountable to voters, pass a law shielding children from sexualized performances, can a single unelected federal judge nullify it by stretching definitions until a drag show looks like a Dolly Parton concert? Paxton is appealing. The Fifth Circuit will get another look.
