Judge mentions Dolly Parton's 'voluptuous' look in comment about drag ban
An image is displayed in tribute to country music star Dolly Parton on Aug. 26, 2026, in London. Parton died at age 80 on Aug. 25, 2026, in Nashville, Tennessee. (Photo by Hoda Davaine/Getty Images)
A Texas federal judge invoked singer and actress Dolly Parton on the day that she died to again block a law viewed as a ban on drag performances for being too expansive, noting that the entertainer and philanthropist’s signature “big hair, flamboyant clothes and breast exposure” might have violated the law.
On Tuesday, U.S. District Judge David Hittner of the Southern District of Texas considered in supplemental findings of fact and conclusions of law the constitutionality of the state’s Senate Bill 12, a measure banning performances deemed to be “sexual” in the presence of minors in private or public areas.
The law was challenged in August 2023 by Austin, Texas-based drag performer Brigitte Bandit, LGBTQ rights groups and entertainment companies, according to coverage by Law360.
“No one should be punished for performing drag, and I wish lawmakers would take steps to protect kids from real dangers in our state instead of trying to divide and marginalize us,” Bandit said.
“Just as many people criticized Elvis’ signature hip gyrations and were offended by his display of male sexuality; chastised Dolly Parton as a voluptuous sex symbol because of her big hair, flamboyant clothes and breast exposure; and shamed Miley Cyrus for ‘twerking’ onstage during a live performance at the 2013 MTV Video Music Awards, there are ‘erotic’ elements in countless popular performances that could be subject to both civil and criminal penalties under S.B. 12,” Hittner said.
The Texas attorney general’s office appealed to the 5th U.S. Circuit Court of Appeals at New Orleans after Hittner struck the law down in 2023. According to the Texas attorney general’s office, drag shows were not banned.
See also:
11th Circuit upholds law banning minors from attending drag shows
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