A significant ruling by the 6th U.S. Circuit Court of Appeals has upheld Tennessee’s controversial anti-drag show law, dismissing a lawsuit brought by a Memphis-based LGBTQ+ theater company. The law, designed to impose stringent restrictions on drag performances, had previously been deemed unconstitutional by a lower court, which had blocked its enforcement in parts of the state.
The lawsuit, filed by Friends of George’s, argued that the law would negatively impact their productions, which include drag-centric performances, comedy sketches, and plays without age restrictions. However, the appeals court ruled that the theater company lacked the legal standing to sue, as their performances did not meet the criteria of being “harmful to minors” under Tennessee law.
Legal Interpretation and Implications
Tennessee’s legislation, advanced by the Republican-majority Legislature and supported by Governor Bill Lee, bans adult cabaret performances on public property or in places where minors might be present. Violators of the law face potential misdemeanor charges or felonies for repeat offenses. The court’s ruling clarified that the definition of “harmful to minors” includes materials devoid of serious literary, artistic, political, or scientific value for a reasonable 17-year-old minor. Friends of George’s, through their own witness testimony, asserted that their performances held artistic value for teenagers, thus falling outside the law’s prohibitive scope.
Broader Impact on the LGBTQ+ Community
The enactment and enforcement of Tennessee’s anti-drag law reflect a broader trend of legislative measures targeting the LGBTQ+ community, particularly in states with Republican leadership. Human Rights Campaign identified Tennessee as a state with an aggressive stance against LGBTQ+ rights, citing over 20 bills advanced in the Legislature this year alone, including restrictions on gender-affirming care for minors and mandates for public school employees to disclose transgender students to their parents.
Democratic opposition in Tennessee has criticized the anti-drag law for its vague language and potential for discriminatory enforcement. This sentiment was echoed by a federal judge’s previous ruling that the law was overly broad and encouraged discriminatory practices, though this ruling was limited to Shelby County.
Future of Drag Performances in Tennessee
Despite the legal setback for Friends of George’s, questions remain about the enforcement of Tennessee’s anti-drag law. Earlier warnings from district attorneys about enforcing the ban at Pride festivals have sparked additional legal challenges, resulting in temporary restraining orders to protect event organizers.
Attorney General Jonathan Skrmetti praised the court’s decision, emphasizing Tennessee’s commitment to free expression while upholding standards that protect minors from obscene material. The ongoing debates and legal battles underscore the precarious position of drag performers and LGBTQ+ communities in states pursuing similar legislative actions.