Dolly Parton's Legacy of Acceptance Inspires Federal Judge to Strike Down Texas Drag Ban

A federal judge appointed by President Ronald Reagan cited the late Dolly Parton as he struck down Texas' ban on drag performances in front of children this week. In his ruling on Tuesday, August 25—the day Parton died at 80 after a brief battle with cancer — Texas District Judge David Hittner cited the "Jolene" singer several times, including when considering the arguments brought by one of the plaintiffs who performs as Parton in drag.

The 87-year-old Reagan appointee determined the Texas law was overly broad and an "unconstitutional restriction on speech" that violated the First Amendment.

The Judge's Reasoning

"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," Hittner wrote, "there are 'erotic' elements in countless popular performances that could be subject to both civil and criminal penalties under" the scope of the Texas law.

Hittner shot down the Texas ban and denied Texas Attorney General Ken Paxton's bid for a new trial, arguing, "for those who find such activities as described in this case offensive, the solution is relatively simple ... just don't go."

Parton's LGBTQ+ Advocacy

A longtime, vocal ally of the LGBTQ+ community, Parton once said in a 2016 interview with drag megastar RuPaul in Dazed magazine that "if I hadn't been a woman, I would have been a drag queen." Throughout her life, Parton consistently spoke out in support of gay marriage and LGBTQ+ communities—including decrying her home state of Tennessee's 2023 anti-transgender laws, which were passed at the same time as the Texas law.

"If there's something to be judged, that is God's business," she told The Hollywood Reporter at the time. "But we are all God's children and how we are is who we are."

The iconic singer first endorsed gay marriage in 2009 in an interview with Joy Behar, six years before the Supreme Court legalized it nationwide. "They've made me the poster child, I think, only because I'm so outspoken as far as being accepting of people in general," Parton told Larry King in 2016. "I do not believe that we should criticize and judge other people. I think we should be accepting and loving. We are all God's children. We are who we are, and we should be allowed to be who we are."

The Performer's Reaction

"Drag has always been a form of free expression, and it is a relief that the court recognized that today," said performer Brigitte Bandit, whose performances as Parton would be unconstitutionally restricted under the law, according to the judge's ruling. "We use our performances to assert liberation, power, and joy with our community," Bandit continued in a statement from the ACLU, which organized the challenge to the law. "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."

"No one should be punished for performing drag, and I wish lawmakers would take steps to protect kids from real dangers in our state instead of trying to divide and marginalize us," Bandit added.

The Political Fallout

Paxton, the Republican nominee for U.S. Senate this fall, wrote on X on Tuesday that the ruling was "a profoundly flawed decision that endangers our children and is an affront to Texas values," vowing to appeal the decision. Paxton, who was endorsed by President Donald Trump over incumbent Republican Sen. John Cornyn, has long garnered attention on his party's right flank for legal actions targeting LGBTQ+ people. Public polls suggest he is now in a close race, if not falling behind, Democratic Senate nominee James Talarico.

On Tuesday, hours before he vowed to appeal the ruling that shot down Texas' drag law, Paxton memorialized the iconic American singer. "Dolly Parton grew up one of twelve kids in a two-room cabin and never forgot where she came from," Paxton wrote on X. "She loved this country and loved the Lord, who today welcomes her with open arms. The world has lost a legend, and Texas has lost a dear friend."

A Legacy of Love and Acceptance

Parton attempted to steer clear of partisan politics throughout her life, but her commitment to acceptance and love was unwavering. Her words and actions consistently reflected her belief that everyone deserves to be treated with dignity and respect. Her influence extended far beyond music, touching the lives of countless individuals who found comfort and courage in her message.

The judge's ruling, issued on the day of her passing, serves as a fitting tribute to Parton's legacy. Her spirit of acceptance and her belief in the power of self-expression continue to inspire change. As the ACLU noted, the ruling is a victory for free expression and a reminder that the fight for equality is far from over. But with allies like Dolly Parton in spirit, the movement continues to move forward.