A federal judge has struck down a Texas law seeking to restrict drag performances, ruling for a second time that the legislation is unconstitutional.
U.S. District Judge David Hittner ruled on Aug. 25 that Senate Bill 12 is an unconstitutional restriction on speech, violating the First Amendment.
The law, which Republican Gov. Greg Abbott signed in June 2023, sought to prohibit "sexually oriented performances" by creating criminal penalties for performers and civil penalties for businesses who host them.
While the law did not specifically mention drag performances, Hittner's ruling noted that legislators touted it as a "drag ban" law from the start.
It has been the subject of a yearslong legal battle, with Hittner originally declaring it unconstitutional
in September 2023. An appeals court later allowed it to take effect while sending it back to the district court to reassess it.
Hittner's ruling bars Texas Attorney General Ken Paxton from enforcing the law and denied his motion for a new trial.
In a statementon X, Paxton, who is also running for Senate, said he plans to appeal the court's ruling, calling it a "a profoundly flawed decision that endangers our children and is an affront to Texas values."
Brian Klosterboer, a senior staff attorney at the American Civil Liberties Union of Texas, which represents the plaintiffs in the case, said: "We celebrate this victory and remain committed to stopping state officials from targeting LGBTQIA+ Texans and making our state less free and fair."
Judge tells those offended by Texas drag ban 'just don't go'
In the ruling, Hittner wrote that the law is "unconstitutionally vague" because it targets performances that appeal "to the prurient interest in sex."
"Because the term 'prurient interest in sex' is open-ended, S.B. 12 can be used to cherry-pick particular aspects of performances that might be 'in some sense erotic,'" Hittner wrote.
Hittner also said it violates the First Amendment because the performances it restricts are "constitutionally protected and are targeted for prohibition based on content and viewpoint."
"Finally, for those who find such activities as described in this case offensive, the solution is relatively simple … just don't go," Hittner concluded.
Judge cites Dolly Parton in ruling on Texas drag ban
The ruling also made several mentions to country icon Dolly Parton, who died on Aug. 25, the same day as it was filed. The singer and philanthropist was a known champion for the drag and LGBTQ communities.
In noting public figures who have been the subject of criticism for perceived eroticism, Hittner cited Parton alongside Elvis Presley and Miley Cyrus.
He wrote: "Just as many people criticized Elvis's 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' on stage 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."
Melina Khan is a national trending reporter for USA TODAY. Keep up with her on X @melinakh and Instagram @bymelinakhan.
This article originally appeared on USA TODAY: Judge strikes down Texas drag ban, tells those offended 'just don't go'
