Tennessee State Capitol – Photo: Ichabod, via Wikimedia.
A federal judge has ruled that a Tennessee law severely limiting drag shows in public or in establishments where children might see them is unconstitutional.
U.S. District Court Judge Thomas Parker, of the Western District of Tennessee, found that the law, signed into effect by Republican Gov. Bill Lee in March, was “unconstitutionally vague and substantially overbroad,” infringing on the free speech rights of drag performers.
The law classifies drag performances as “adult cabaret performances,” similar to topless dancing, go-go dancing, exotic dancing, and stripping acts, and prohibits them from occurring on public property or in places where minors view them.
Violators may be prosecuted and punished with fines worth thousands of dollars, and prison sentences ranging from one to six years in prison, depending on the severity of the violation and whether it’s a first or subsequent offense.
The law was challenged by Friends of George’s, a Memphis-based LGBTQ theater group. They argued that the law unfairly singles out drag performers from other types of “adult cabaret” performers and threatens only them with the risk of fines and jail time.
The group also argued that the law discriminates and restricts speech based on the identity of the speaker, rather than the actual content of the show in question.
Friends of George’s also noted that the law is difficult to enforce because it would restrict drag to only places where performers can be assured that a minor is not on the premises and will not be admitted, meaning that restaurants or establishments that host drag shows must either cancel the shows or refuse to admit minors, even to adjoining or nearby rooms, lest they be exposed to such performances.
“The [law] can criminalize — or at minimum chill — the expressive conduct of those who wish to impersonate a gender that is different from the one with which they were born in Shelby County,” Parker, a Donald Trump appointee, wrote in a 70-page ruling, referring to the county containing Memphis. “Such speech is protected by the First Amendment.”
Parker added that while the state may have a compelling interest in protecting the physical and psychological well-being of minors, the laws is neither the least restrictive nor most narrowly tailored way of achieving that without violating performers’ First Amendment rights, reports The Hill.
Right-wing groups, social conservatives, and Republican politicians have recently seized on drag shows as one of several new “wedge” issues, along with bans on gender-affirming care for trans youth, and prohibitions on transgender sports competitors, that seek to exploit the larger American public’s discomfort with gender-nonconformity for political gain ahead of the upcoming 2024 election.
This year, according to The Washington Post, at least 26 bills have been introduced in various states seeking to limit or severely restrict where drag performances can take place. Florida has a similar law in place, and Texas is poised to adopt a nearly identical statute once Gov. Greg Abbott signs the bill into law.
For now, it appears that Parker’s ruling only applies to Shelby County, where the order blocks District Attorney General Steven Mulroy from attempting to enforce the ban. However, other jurisdictions have the option of filing similar lawsuits.
Initially, the lawsuit by Friends of George’s had also listed Lee and Attorney General Jonathan Skrmetti as defendants. But the theater group eventually agreed not to pursue charges against either, instead seeking only to block Mulroy from penalizing the theater or its performers when they hold shows in Memphis.
Skrmetti has vowed to appeal Parker’s ruling at a later time.
Friends of George’s celebrated the ruling in a tweet on Saturday morning: “WE WON! Judge Parker has declared Tennessee’s anti-drag law unconstitutional! Friends of George’s would like to thank Brice Timmons and Melissa Stewart at Donati Law and all who have stood by us during this fight!”
According to the Post, members of the theater company were headed to a parade Saturday afternoon to mark the first weekend of Pride Month.
“While today is a moment worth celebrating as we kick off Pride month, our work is not finished,” the nonprofit organization said in a statement.
“As the onslaught of hatred against the LGBTQ+ community continues around the country through the passage of anti-trans, homophobic, and draconian laws that seek to silence expression and identity, we will remain vocal and vigilant.”
Republicans in nine states are calling for the overturn of marriage equality.
In Idaho, Michigan, Montana, North Dakota, and South Dakota, lawmakers have introduced resolutions demanding the U.S. Supreme Court reverse its landmark 2015 decision in Obergefell v. Hodges, in which the court struck down all existing state-level same-sex marriage bans.
Last month, the Idaho House of Representatives voted 46-24 to approve one such resolution, asking the nation's highest court to "restore the natural definition of marriage, a union of one man and one woman."
While the resolution is non-binding and doesn't require the Supreme Court to take action, Republican lawmakers see it as a "messaging" bill that expresses their extreme displeasure with same-sex marriage.
A federal judge blocked Texas A&M University from banning a drag show from being held on any of the university's 11 campuses. The temporary preliminary injunction was issued on March 24 by Judge Lee Rosenthal of the U.S. District Court for the Southern District of Texas.
As a result, "Draggieland," a student-produced drag event, will go on as planned at the Rudder Theatre on the university's College Station campus this Thursday, March 27.
The pageant -- which has sold out the 750-seat Rudder Theatre every year since 2020 -- features contestants who wear clothing or makeup that often, but does not always, run counter to their gender identity. The contestants also dance and answer questions about what drag and LGBTQ culture means to them.
The Texas A&M University System Board of Regents passed a resolution banning all drag performances on its 11 university campuses.
The resolution states that the Board of Regents finds that "it is inconsistent" with the university's core values, including respect for others, to allow special event venues on the university's campuses to host drag shows "that involve biological males dressing in women’s clothing, wearing exaggerated female make up and/or exaggerated prosthetics meant to parody the female body type, and that are: open to the public; involve sexualized, vulgar or lewd conduct; and involve conduct that demeans women."
These are challenging times for news organizations. And yet it’s crucial we stay active and provide vital resources and information to both our local readers and the world. So won’t you please take a moment and consider supporting Metro Weekly with a membership? For as little as $5 a month, you can help ensure Metro Weekly magazine and MetroWeekly.com remain free, viable resources as we provide the best, most diverse, culturally-resonant LGBTQ coverage in both the D.C. region and around the world. Memberships come with exclusive perks and discounts, your own personal digital delivery of each week’s magazine (and an archive), access to our Member's Lounge when it launches this fall, and exclusive members-only items like Metro Weekly Membership Mugs and Tote Bags! Check out all our membership levels here and please join us today!
You must be logged in to post a comment.