Federal judge blocks Texas drag ban again: 'Just don't go'

"The solution is relatively simple ... just don't go," he wrote, according to multiple outlets. A federal judge in Texas has once again blocked the state's restrictions on public drag performances, ruling for the second time that the 2023 law violates the First Amendment. The decision permanently bars Texas Attorney General Ken Paxton from enforcing Senate Bill 12, which had taken effect in March after a federal appeals court lifted an earlier injunction.

Hittner's ruling also included a pointed message to people who find drag performances offensive. The judge noted that opponents of drag are not obligated to attend such shows, and he rejected Paxton's request for a new trial and additional discovery. The law, passed in 2023, prohibited "sexually oriented performances" on public property or in the presence of minors.

Hittner found the statute overly broad and vague, saying it could apply to constitutionally protected expression such as cheerleading, dancing, and live theater. The judge also referenced Dolly Parton, whose death was announced Tuesday, in his opinion. He criticized the law's definition of performances that "[appeal] to the prurient interest," saying that people could chastise Parton "as a voluptuous sex symbol because of her big hair, flamboyant clothes and breast exposure," according to NBC News.

Brigitte Bandit, a drag queen and plaintiff in the case who impersonates Parton, celebrated the ruling on social media. In a statement provided by the American Civil Liberties Union of Texas, Bandit said, "We use our performances to assert liberation, power, and joy with our community. As a lifelong Texan, I'm sick of this state trying to censor art and stoke hatred and violence against drag artists and the LGBTQIA+ community." Paxton said in a social media post that he would appeal the ruling to protect Texas children.

"This is a profoundly flawed decision that endangers our children and is an affront to Texas values," he said, according to The Texas Tribune.