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.”
The Colorado Supreme Court dismissed a lawsuit against a Christian baker who refused to create a cake celebrating a gender transition for a transgender woman on procedural grounds.
In doing so, the court sidestepped the issue of whether -- and to what extent -- a person's First Amendment rights override local nondiscrimination laws.
Lower courts in Colorado had previously ruled in favor of the woman, Autumn Scardina, finding -- based on the facts of the case -- that Jack and Debra Phillips, the owners of Masterpiece Cakeshop, in Lakewood Colorado, had discriminated against her by refusing to bake a custom-made cake only after they found out the purported significance of the cake.
The wigs? On point. The lashes? On point. The costumes? On point. The plot? No point.
Fans of RuPaul's Drag Race might forgive the mess that is Drag: The Musical, but anyone else with an IQ higher than a mannequin with head trauma should sashay away from New World Stages where high-camp plateaus and not enough shade can be thrown.
Tomas Costanza, Justin Andrew Honard (Alaska Thunderfuck), and Ashley Gordon are responsible for the book, music, and lyrics, all of which are rehashed from material you've seen before and jokes that are about as funny as a calculus class.
They're havin' a gay old time in Bareback, Idaho. Foot stompin', lumber jackin', and high steppin' dance moves are all part of the charm as the townsfolk prepare for Stacey's (Marla Mindelle) wedding. Welcome to The Big Gay Jamboree.
The only problem is that no one in the town quite understands the leading lady and, after a night of heavy drinking, she can't make sense of them either.
Somehow, she's trapped in a time warp with Flora (Natalie Walker), a nymph shunned for her sexual proclivities, Bert (Constanine Rousouli), a sexy serial killer who is coming to terms with his own sexuality, Clarence (Paris Nix), a handsome, African-American man who is tired of being the token black in the story, but who wins Stacey's affection, and an ensemble of townspeople whose squeaky clean, perma-smile demeanors suggest a Peyton Place vibe with jazz hands.
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