Judge Strikes Down Texas Drag Law Again, Warns Wording Could Even Criminalise a Dolly Parton and Elvis Presley Tribute

A federal judge in Houston has permanently struck down Texas's drag performance law, warning in a new ruling that its vague wording is so broad it could be used to criminalise tribute shows honouring Elvis Presley or the late Dolly Parton.

US District Judge David Hittner, a Reagan appointee, found Senate Bill 12 unconstitutional under the First Amendment and barred state Attorney General Ken Paxton from enforcing it anywhere in Texas.

Overly Broad Definitions in the Texas Drag Law

The Fifth Circuit Court of Appeals reinstated the Texas drag law in February 2026, forcing the district court to reassess its initial 2023 injunction.

The state sought to penalise business owners up to £7,900 ($10,000) for hosting sexually oriented performances and threatened individual performers with a Class A misdemeanour, carrying a potential one‑year jail sentence.

However, the federal court found the language targeting these events to be excessively broad, pointing out that even a Dolly Parton tribute could fall under its prohibitions.

In his 34‑page decision, Hittner said the state legislation failed to give residents reasonable notice of what was prohibited.

The judge highlighted that the wording was so imprecise it could reach provocative cosplay at conventions, routines by swimming athletes and ordinary live theatre.

He specifically criticised the ban on performances that supposedly appeal to a prurient interest.

According to the court ruling, people who once chastised Parton as a voluptuous sex symbol for her flamboyant clothes and breast exposure, or who condemned Presley for his hip gyrations, could theoretically use the statute.

The court determined that the vast majority of the statute's applications breach core constitutional protections. Hittner noted that 'erotic' elements exist in many mainstream popular performances that could face civil and criminal consequences under the statutory framework.

As a result, the judge denied a motion from Paxton for a new trial, keeping in place the injunction against the attorney general, who is currently running for the Senate.

Activists Celebrate Defeat of the Texas Drag Law

The legal challenge was brought by a coalition of community pride groups, entertainment venues and Brigitte Bandit, a LGBTQ+ rights activist and working drag queen.

Bandit impersonates Parton during her onstage routines and received a rhinestone guitar as a personal gift from the country music singer in 2023. Following the announcement of the court decision on Tuesday, which arrived on the same day the public learned of Parton's death, the performer took to social media to respond.

She stated that drag is free speech and announced a weekend performance at an Austin bar in honour of the late singer.

'Drag has always been a form of free expression, and it is a relief that the court recognized that today,' Bandit stated to her supporters. She added that she was exhausted by the state attempting to censor artistic expression and marginalise the local community, urging lawmakers to focus on other dangers instead.

Brad Pritchett, the chief executive of Equality Texas, echoed this sentiment, describing the ruling as a victory for the public.

For residents who oppose drag performances, the federal judge offered practical advice in his ruling. 'The solution is relatively simple,' Hittner wrote. 'Just don't go.'