For as long as most Americans can remember, one principle sat beyond debate: children deserve protection from sexually explicit material. Didn’t matter where you fell on the political spectrum. From obscenity laws to movie ratings to broadcast decency standards, the consensus held firm. Adults could make their own choices, but kids were off-limits. That was the deal. Nobody had to argue for it. It was obvious.

Yet something has corroded inside our institutions. The very courts entrusted with upholding the boundaries of a decent society have become the wrecking crews dismantling them. When a judge decides that performers’ rights outweigh the welfare of children in the audience, we’re no longer haggling over free expression. We’re debating whether civilization still has a floor.

From The Post Millennial:

A federal judge has struck down a Texas law restricting certain drag performances in places where children may be present. US District Judge David Hittner issued the ruling Tuesday, finding that the law was overly broad and could restrict constitutionally protected expression.

The law, which was passed in March 2023, sought to prohibit certain sexually oriented performances on public property or in the presence of individuals under the age of 18. It placed restrictions on performances involving sexualized conduct, including the use of prosthetics.

There it is. Texas passed a law – through its duly elected legislature, signed by its governor – designed to keep sexually charged performances away from minors. One federal judge decided that was simply unacceptable.

A judge who refuses to listen

Here’s the maddening part. This isn’t even Judge Hittner’s first swing at SB 12. He struck the law down back in September 2023, just months after its passage. The 5th U.S. Circuit Court of Appeals unblocked it in November 2025 and sent the case back with instructions to reassess. Hittner’s response? He rubber-stamped his original ruling as if the appellate court had never spoken.

He then denied Texas Attorney General Ken Paxton’s request for a supplemental trial and new discovery. The judge didn’t merely rule against the law. He slammed the door on additional evidence. No curiosity. No reconsideration. Just a predetermined outcome dressed up in legal prose.

And the reasoning? To justify his position, Hittner argued the law’s language was so broad it could theoretically penalize Dolly Parton impersonators, cosplayers at conventions, and competitive swimmers. He invoked the late Dolly Parton herself – a woman who passed away this very week – describing her as someone who could be characterized as “a voluptuous sex symbol.” Using a beloved American treasure who just died to shield sexualized performances aimed at children isn’t serious jurisprudence. It’s shameless.

“Just don’t go”

But the real gut punch sits at the very end of the ruling. Judge Hittner’s parting wisdom to every Texas parent concerned about their child encountering a provocative performance in a public space: “The solution is relatively simple … just don’t go.”

Think about that framing for a moment. We don’t tell parents to avoid the playground when a registered offender moves in next door – we restrict the offender. We don’t tell families to skip the public library if someone posts obscene material on the walls – we enforce standards. The bedrock logic of child protection law has always been straightforward: the burden falls on the adult engaging in harmful conduct, not on the parent scrambling to shield their kid.

Hittner inverted that entire framework. Then he called it the Constitution.

Who’s really being protected here?

The ACLU of Texas represented the plaintiffs, including drag performer Brigitte Bandit, who celebrated by declaring, “We use our performances to assert liberation, power, and joy.” Notice what’s absent from that statement. Not a syllable – not one – about the children who might be watching.

Paxton, to his credit, didn’t hesitate. “This is a profoundly flawed decision that endangers our children and is an affront to Texas values,” he wrote, pledging an immediate appeal. Good. The people of Texas spoke through their legislature. One judge doesn’t get the final word.

Protecting children from sexually explicit content used to be instinct, not ideology. That instinct is being overruled – literally – one activist decision at a time. When a federal judge stares at a law built to keep explicit performances away from minors and tells worried parents to simply stay home, the rest of us need to deliver a different message entirely: we’re not going anywhere, and neither are our children’s rights.

Key Takeaways

• A federal judge struck down Texas’ child-protection law banning sexually explicit performances near minors – again.
• Judge Hittner told concerned parents the “solution” is to simply not attend.
• The ruling overrides Texas’ elected legislature in favor of ACLU-backed performers.
• AG Ken Paxton has pledged an immediate appeal to protect Texas children and families.

Sources: The Post Millennial, The Texas Tribune