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Judge blocks Texas drag ban, cites Dolly Parton in ruling

Published 27 August 2026

A federal judge in Texas has permanently blocked the state's 2023 law restricting sexually oriented performances, ruling it violates the First Amendment by being overly broad and vague. The decision, issued on August 25, 2026, by U.S. District Judge David Hittner, prevents Texas Attorney General Ken Paxton from enforcing Senate Bill 12 and denies his motion for a new trial. The ruling came on the same day that country music legend Dolly Parton, who was cited in the judge's order, died at the age of 80.

The law, passed in 2023, banned performances deemed sexually oriented in public or where minors are present. While it did not explicitly mention drag, it was promoted by Governor Greg Abbott and Attorney General Paxton as a measure to restrict drag shows. Violators, including businesses hosting events, could face fines up to $10,000, while performers could be charged with a misdemeanor carrying up to a year in jail. The statute was challenged by Austin-based drag performer Brigitte Bandit, LGBTQ rights groups, and entertainment companies.

In his 34-page order, Judge Hittner, a Reagan appointee, found the law's definition of prohibited conduct unconstitutionally vague. He argued it...

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