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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.

If a impersonation of Dolly Parton by a man is too sexual, than Dolly Parton is too sexual.

This argument is like saying that if an impersonation of Barack Obama by a white man is racist, then being Barack Obama is racist.

That doesn't follow. In many contexts the act of impersonation itself is sexual, above and beyond the fact that there's sexuality because of the target of the impersonation.

I don't think MagicalKittycat's paraphrase is supported by the text of the opinion. The opinion actually refers to Dolly Parton four times:

As part of her artistic expression, Brigitte Bandit uses a prosthetic breastplate and various accessories like wigs, false eyelashes, high heels, corsets, jewelry, and clothing to perform drag and impersonate female stars like Dolly Parton. Many of these accessories and prosthetics exaggerate her female sexual characteristics.

Plaintiffs note for the Court by way of example just how broad the definition of "Nude" appears to be under S.B. 12. For example, swimmers or divers in the Olympics would run afoul of S.B. 12 if their swimsuits show even a minimal portion of their buttocks. Plaintiffs further contend that celebrity singers like Lady Gaga, Jennifer Lopez, or Dolly Parton could be accused of being "nude" for wearing low-cut tops that show cleavage below the areola. Accordingly, based on the plain language of S.B. 12, the definition of "nude" potentially applies to performances that are not obscene or obscene for minors.

Because S.B. 12 does not specify who determines whether a performance "appeals to the prurient interest", or require that the work be taken as a whole, a single moment of eroticism could condemn an entire performance to criminal or civil penalties. 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.

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.

(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 their hips.

I don't think MagicalKittycat's paraphrase is supported by the text of the opinion.

This is par for the course with them.