‘A voluptuous sex symbol.’ Judge invokes Dolly Parton in overturning Texas ‘drag ban’
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Dolly Parton may be gone, but her spirit of self-expression is still making waves — this time in a Texas federal court.
U.S. District Judge David Hittner on Tuesday cited the late artist in his decision to strike down Senate Bill 12, a 2023 law that sought to restrict drag shows. His decision, which blocks the Texas attorney general from enforcing the law, noted that the prohibition was “an unconstitutional restriction on speech.”
Just as many people “chastised Dolly Parton as a voluptuous sex symbol because of her big hair, flamboyant clothes and breast exposure ... there are erotic elements in countless popular performances that could be subject to both civil and criminal penalties under S.B. 12,” Hittner wrote in his decision.
And because the law doesn’t specify who determines whether a performance “appeals to the prurient interest” or that the work be considered as a whole, a single sexual or erotic moment in a performance could result in penalties, he wrote. Those penalties include civil fines of up to $10,000 for businesses and a misdemeanor charge that carries up to a year in jail for participating individuals.
Appreciation: Dolly Parton was special to the LGBTQ+ community. She showed us our country loves us
Dolly Parton loved LGBTQ+ people, and we loved her — in part because she showed us that our country still loves us too.
Hittner’s decision came down on the same day Parton, the 80-year-old legendary songwriter, actor and businesswoman, died following a brief battle with cancer.
Parton was referenced several times in court records associated with the case. One of the plaintiffs, Brigitte Bandit, a drag queen and longtime activist, frequently performs as the Grammy-winning artist.
In an Instagram post on Tuesday, Bandit wrote that Parton had been a “huge influence” on her life and her drag performances. She even brought a children’s book about Parton to testify at the Texas Capitol, which eventually got back to the country music star, who then gifted Bandit a signed rhinestone-covered guitar.
“Dolly has shaped much of my life as a drag artist,” Bandit wrote on Instagram, calling her a “queen who has changed the world with her love, artistry, and GLAM! my diva forever.”
After the 2016 mass shooting at Pulse, a gay nightclub in Orlando, Fla., Parton called herself a “patron saint” of the gay community in an interview with Billboard.
“All those drag queens, sometimes I see some of them look more like me than I do,” said the star, who famously lost a Dolly Parton lookalike contest.
Tuesday’s ruling wasn’t the first time the law, widely touted as a “drag ban,” has been deemed unconstitutional by the courts.
Dolly Parton’s death has left the music, film and television worlds reeling, with stars and luminaries across those industries and more paying tribute to the beloved entertainer’s life and legacy.
Hittner initially struck down the law in September 2023, just a few months after the Texas Legislature passed it. In November 2025, a three-judge panel of the 5th U.S. Circuit Court of Appeals vacated the lower court’s injunction and returned the case to district court with instructions on how to reconsider it.
In the end, the high court’s directions did not change Hittner’s determination that the law violates the 1st and 14th amendments.
Hittner wrapped up his decision with a suggestion for those who oppose or are offended by the performances: “[T]he solution is relatively simple ... just don’t go.”