Tennessee Judge Rules Drag Show Ban as Too Broad, Unconstitutional

A federal judge ruled that the Tennessee law that sought to impose stringent restrictions on drag performances is unconstitutional.

Former President Donald Trump's appointee, US District Judge Thomas Parker, ruled late Friday that the first-in-the-nation law was "unconstitutionally vague and overbroad" and encouraged "discriminatory enforcement."

Tennessee Judge Declares Drag Show Ban as 'Unconstitutional'

The law would have prohibited adult cabaret performances on public property or any location where juveniles could be present. Performers who violated the law ran the risk of being charged with a misdemeanor or felony for a second or subsequent offense, according to CBS News.

Early in March, Republican Governor Bill Lee signed the legislation, along with another law prohibiting minors from receiving gender-affirming care, despite significant public opposition and threats from civil rights organizations who threatened to sue the state and ultimately did so.

In April, Parker temporarily halted the enforcement of Tennessee's anti-drag law just hours before it was to take effect. This initial decision was the result of a lawsuit filed by Friends of George's, a Memphis-based LGBTQ+ theater company, alleging that state restrictions on drag performances violate the First Amendment.

In his most recent ruling, Judge Parker cited a female performer donning an Elvis Presley costume and imitating the legendary musician as an example of someone who could be punished under the drag law because she would be deemed a "male impersonator."

Friends of George's, an LGBTQ+ theater company based in Memphis, filed a complaint in March, stating that the law would have a negative effect on them because they produce "drag-centric performances, comedy segments, and plays" without age restrictions.

Earlier this year, the anti-drag law was passed by the Republican-controlled Tennessee legislature. Several Republican legislators cited drag shows in their hometowns as justification for restricting drag shows from taking place in public or where children could view them.

However, the term "drag" is not present in the statute. Instead, state legislators redefined adult cabaret as "adult-oriented performances that are harmful to juveniles." In addition, "male or female impersonators" were categorized as a form of adult cabaret, comparable to strippers or bare-chested performers, as per ABC News.

The law was swiftly approved by the governor and was scheduled to take effect on April 1. To date, however, the law has never been enforced because, in March, a federal magistrate concurred with the group that challenged the statute and temporarily blocked its enforcement.

Law's Sponsor Previously Introduced Drag Ban Bill

Parker noted that the law's sponsor, Republican state Representative Chris Todd, had previously led an effort to obstruct a drag performance in his district prior to introducing the drag ban bill.

Todd later verified that he had not seen the performance, but he still pursued legal action to halt it, and the event was moved indoors and restricted to those of a certain age.

The drag law is the second significant bill targeting LGBTQ+ individuals enacted by Tennessee legislators in 2018. The legislation that Lee enacted into law prohibiting the majority of gender-affirming care is being challenged in court.

The lawsuit was initiated against the prosecutor of Shelby County in his official capacity for enforcing state laws, Axios reported. Parker stated that the law "cannot be enforced consistently with the supreme law of the land; the United States Constitution."

In a statement, Friends of George's said that the court victory "represents a triumph over hate."

State Senate Majority Leader Jack Johnson (R-Franklin), who sponsored the legislation in the state Senate, stated, "This ruling is a victory for those who support exposing children to sexual entertainment."