In Texas, a federal judge struck down a 2023 state law that sought to restrict drag shows, with the ruling saying that it was unconstitutional.
According to US District Judge David Hittner, a Reagan appointee, the measure known as Texas Senate Bill 12 improperly restricted speech, thereby violated the First Amendment of the Constitution.
In his ruling, Hittner said that for “those who find such activities as described in this case offensive”, the “solution is relatively simple … just don’t go.”
Hittner also made mention of the late Dolly Parton when he criticized the law’s definition of banning performances that appeal “to the prurient interest,” citing people who would chastise 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.
Hittner also added that the law was so overly broad that even activities such as “cheerleading, dancing, live theater, and other common public occurrences” can be treated as civil or criminal violations. It was also vague on its face, failing “to give a reasonable person notice of what is prohibited.”
Had this anti-LGBTQIA+ law stayed, business owners who were found to be in violation could be fined up to $10,000 for hosting events, while performers could be charged with a Class A misdemeanor, which could result in up to one year of jail time.
Under the administration of Donald Trump, the first convict to be president of the US, and who is an alleged pedophile, Texas is among a handful of US states that passed legislation restricting drag shows.
