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PaperclipPerfector  2d ago (text post)   10171 thread views

Culture War Roundup for the week of August 24, 2026

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Dolly Parton might sadly be gone, but her legacy as one of America's greatest continues to live on in many ways. Today being a victory for free speech, with Texas Senate Bill 12, the "drag show ban" being ruled unconstitutional by Reagan appointee judge David Hittner for the pretty obvious reason that it violated the first amendment.

Dolly Parton's legacy is intertwined in this ruling in a few ways.

  1. She is cited by Hittner as one example of ‘erotic’ elements in countless popular performances that could be subject to both civil and criminal penalties under S.B. 12,” citing Dolly Parton specifically with "“as a voluptuous sex symbol because of her big hair, flamboyant clothes and breast exposure”.

  2. One of the plaintiffs in the case, Brigitte Bandit is a drag queen known for doing Dolly Parton impressions.

  3. Parton herself had given Bandit a guitar covered in rhinestones after Bandit had testified at the Texas capitol against the drag ban.

It is important to note that the drag ban was on its face, "neutral" and didn't mention drag at all. The phrasing used was "sexually oriented performances", as Texas had tried to get around any textual blatant viewpoint discrimination. But expanding it to cover typical drag shows as stated for the intent required such vague wording that it could also possibly impact things exactly like Dolly Parton. If a impersonation of Dolly Parton by a man is too sexual, than Dolly Parton is too sexual.

Some other examples Hittner used included Miley Cyrus twerking, Lady Gaga, some more revealing cosplays, and swimmers in attractive bikinis. And even before the law was put into action, apparently The Texas House Research Organization had specifically listed cheerleading alongside concerts and theatrical performances as potential threats. It's so broad and the problems so well known ahead of time that it's possible this law was intended to fail to begin with, that it was red meat for censor loving voters.

Regardless of intent, there's one interesting takeaway from this then. If the state has to textually prohibit a large berth of standard constitutionally protected mainstream entertainment in order to target and censor drag shows, then the problem exists entirely within the attempted censoring of drag shows. If any drag show had a unique and non protected issue, that particular issue can be dealt with specific and focused laws.

Hittner also includes an answer for those who don't wish for them or their kids to see a drag show. Don't go. If you find something offensive, instead of using big government to censor it just don't show up and watch it. You have every right to boycott whatever you please.

S.B. 12 applies to countless protected performances that might contain elements that are "in some sense erotic" and meet either the law's definition of "nude" or "sexual conduct" but are not obscene or obscene for minors and are thus constitutionally protected. These examples, or any combination of them, could all potentially trigger liability under S.B. 12 while still being constitutionally protected performances. These examples are as follows.

  • (a) Nudity: (1) A gymnast performing a floor routine wearing a leotard or other garment that rides up and reveals a small part of her buttocks; (2) a vocalist wearing a low-cut dress that reveals a small part of the breast; or (3) a ballet dancer who experiences a wardrobe malfunction and reveals a portion of her buttocks or breasts;

  • (b) Sex Acts: (1) a comedian who uses gestures to suggest sexual acts; or (2) a theater group performing a musical with a simulated sex scene on stage;

  • (c) Genitals in a Lewd State: (1) a drag king who uses a crotch packer to simulate having a penis; (2) an art exhibition with abstract paintings that look like female genitals; or (3) a comedian using a dildo as a prop in a comedic routine;

  • (d) Gesticulations Using Accessories or Prosthetics: (1) a Dolly Parton impersonator who uses a breast plate while dancing and making gestures; or (2) an Elvis impersonator who uses a packer while shaking and shimmying his hips.

Much like the "possible applications" that the Fifth Circuit found "unquantifiable" in Merriott, these are just a handful of traditionally constitutionally protected performances that S.B. 12 would prohibit. This Court need not list additional hypotheticals to which S.B. 12 would apply because "the potential applications are limitless".

  • Text of law (along with the House Research Organization analysis mentioned above; it does not mention cheerleading, concerts, or theatrical performances, but the judge's opinion does)

(2) a vocalist wearing a low-cut dress

Sure, when a female vocalist does it, it's constitutionally protected, but when I do it I'm not allowed back in the seminary.

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