Federal judge voids Texas drag show law as unconstitutional

A federal judge in Texas ruled that a 2023 state law restricting drag performances violated the First Amendment. The judge, David Hittner, said the law improperly limited free speech and advised those who find such shows offensive to simply avoid attending. The measure would have fined business owners up to $10,000 and made performers subject to misdemeanor charges.

The ruling marks the second time Hittner has invalidated the measure, following a 2023 decision that the 5th Circuit returned for reconsideration with specific guidance. The law briefly reentered effect after that appellate action before Tuesday's decision permanently blocked enforcement by Attorney General Ken Paxton, who is currently campaigning for a U.S. Senate seat.

Hittner's opinion drew on Dolly Parton's cultural stature to illustrate the law's overbreadth, noting that "erotic" elements appear throughout mainstream entertainment. Plaintiff Brigitte Bandit, who impersonates Parton in her performances, celebrated the outcome and announced a tribute show in Austin honoring the singer, whose death was announced the same day.