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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.
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”.
One of the plaintiffs in the case, Brigitte Bandit is a drag queen known for doing Dolly Parton impressions.
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.
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.
This. For the most part, drag queens don't just "look like" women. If that's all they were doing, most people wouldn't care (and how would you even know?). Instead, they do a ridiculously exagerated caricature of women. Ridiculously stuffed breasts, buttocks, falsetto voice, etc. Some have described it as "girl face," like the "black face" that people used to do in minstrel shows to make fun of black people. It's completely different from how actual trans women dress, or how actors dress to present as a realistic woman. It makes for an incredibly cheesy, campy effect, and I'm tired of pretending that it's not in horrible taste. We don't have to ban it all together, but we can limit it to the more fringe parts of society, like strip clubs outside of town, rather than welcoming it into public streets, libraries, and everywhere else where we're forced to look at it without consent.
@magicalkittycat
Well, some and some.
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