For as long as most Americans can remember, one principle sat beyond debate: children deserve protection from sexually explicit material. This consensus held firm across political lines, from obscenity laws to movie ratings to broadcast decency standards. Adults could make their choices, but children were off-limits.
However, recent events have revealed a troubling trend within our legal system. Courts, which are supposed to uphold societal boundaries of decency, have become the architects of dismantling them. When a judge prioritizes performers’ rights over children’s welfare in public spaces, the debate shifts from free expression to whether civilization still has a floor.
A federal judge has struck down a Texas law that restricted drag performances in areas where minors could be present. US District Judge David Hittner issued the ruling Tuesday, stating the law was overly broad and could restrict constitutionally protected speech.
The law, passed by the Texas legislature in March 2023 and signed by the governor, aimed to prohibit sexually oriented performances on public property or in the presence of individuals under 18. It targeted performances involving sexualized conduct, including the use of prosthetics.
Texas enacted this legislation through its elected officials and governor. One federal judge deemed it unacceptable.
The maddening aspect is that Judge Hittner had previously struck down SB 12 in September 2023. After the 5th U.S. Circuit Court of Appeals unblocked the law in November 2025, he rubber-stamped his original ruling without reconsideration. He also denied Texas Attorney General Ken Paxton’s request for a supplemental trial and new evidence.
In his reasoning, Judge Hittner argued that the law could theoretically penalize Dolly Parton impersonators, cosplayers at conventions, and competitive swimmers. He referenced the late Dolly Parton, who passed away recently, describing her as “a voluptuous sex symbol.” This approach has been criticized for its relevance to the law’s purpose.
The ruling’s most significant part came in its final recommendation: Judge Hittner advised Texas parents concerned about their children witnessing provocative performances to simply avoid such venues. This contradicts standard child protection principles, which require holding the adult responsible for harmful conduct rather than burdening parents.
The ACLU of Texas represented the plaintiffs, including drag performer Brigitte Bandit, who stated: “We use our performances to assert liberation, power, and joy.” Her statement did not mention children.
Attorney General Paxton condemned the decision as “profoundly flawed” and pledged an immediate appeal. He emphasized that the people of Texas spoke through their elected representatives.
Protecting children from sexually explicit content was once a matter of instinct. Now, one federal judge’s interpretation is overriding that instinct. When a judge tells parents to stay home rather than enforce protections, it signals that children’s rights remain secure.
