Texas Drag Show Law Ruling Deals Blow to Ken Paxton as Judge Strikes Down SB 12

A federal judge has struck down Texas' controversial law restricting drag shows, dealing a legal blow to Attorney General Ken Paxton after finding that the measure violated the First Amendment and was broad enough to potentially sweep up performances ranging from live theatre to cheerleading.

US District Judge David Hittner ruled on Tuesday that Texas Senate Bill 12, passed in 2023, improperly restricted protected speech. The decision prevents Paxton from enforcing the law and denies his request for a supplemental trial and new discovery, marking the latest turn in a years-long legal battle over drag performances in the state.

Judge Tells Those Offended 'Just Don't Go'

Hittner, who was appointed by former President Ronald Reagan, offered a direct response to people who object to the performances covered by the case.

'The solution is relatively simple ... just don't go,' he wrote in the ruling, addressing 'those who find such activities as described in this case offensive.'

Paxton's office did not immediately respond to a request for comment on the decision, according to the original report.

What Texas SB 12 Meant for Performers and Businesses

Texas SB 12 carried potentially significant consequences for venues and performers.

Businesses found to have violated the law could have faced fines of up to $10,000 (around £7,400) for hosting prohibited performances. Performers, meanwhile, could have been charged with a Class A misdemeanour, carrying a possible sentence of up to one year in jail.

The Texas drag show law became the subject of a prolonged constitutional dispute soon after its passage.

Why the Texas Drag Show Law Was Struck Down

Hittner found that SB 12 was overly broad and vague, warning that its language could reach far beyond the drag performances at the centre of the political debate.

The judge said activities including 'cheerleading, dancing, live theater, and other common public occurrences' could potentially be treated as civil or criminal violations under the statute.

He also found that the law failed 'to give a reasonable person notice of what is prohibited.'

Hittner previously ruled the measure unconstitutional in 2023. The 5th US Circuit Court of Appeals later returned the case to his court, lifting a pause on the law and instructing him to reassess it under a specific legal framework. The law subsequently went back into effect.

Tuesday's Texas drag show law ruling came after Hittner reconsidered the case under the appeals court's instructions.

Dolly Parton Cited in Judge's SB 12 Ruling

Hittner also invoked Dolly Parton while questioning the law's prohibition on performances that 'appeal to the prurient interest.'

He referred to how some people might characterise Parton as a 'voluptuous sex symbol' because of her big hair, flamboyant clothing and breast exposure, using the example to illustrate the potential reach of SB 12.

'There are "erotic" elements in countless popular performances that could be subject to both civil and criminal penalties under S.B. 12,' Hittner wrote.

The reference had a direct connection to the case. Plaintiff Brigitte Bandit is a drag performer who impersonates Parton and received a rhinestone guitar from the singer in 2023.

Brigitte Bandit Celebrates Texas Drag Show Law Ruling

Drag queen Brigitte Bandit, who is one of the plaintiffs, welcomed the decision on social media, posting a screenshot of the ruling alongside the message: 'Drag is free speech, b----.'

She also announced plans to perform as Parton at an Austin bar on Saturday in honour of the singer.

Texas is among several US states that have passed legislation seeking to restrict drag performances, placing the latest ruling within a wider national legal and political battle over such laws.