Tennessee Anti-Drag Law Blocked by Judge
Trump appointee finds law banning drag in public to be overly vague and may violate people's freedom of speech and expression.
A federal judge has blocked a Tennessee law restricting drag shows in public before it could go into effect.
U.S. District Judge Thomas Parker, of the Western District of Tennessee, granted a temporary restraining order stopping the state from enforcing the law because it was “likely both vague and overly-broad,” reports The Hill.
The law, signed by Republican Gov. Bill Lee last month, was set to take effect on April 1.
Under the law, drag performances are defined as “adult cabaret performances,” similar to topless dancing, go-go dancing, exotic dancing, and stripping acts. They may not occur on public property or in places where minors view them.
The law prosecutes venues that host drag performances in places where minors may be present with Class A misdemeanors, which can be punished by a fine and up to a year in prison.
Subsequent violations can be prosecuted as Class E felonies, which can be punished by a fine and a prison sentence of one to six years.
The law was challenged by Friends of George’s, a Memphis-based LGBTQ theater group, which has plans to host “Drag Rocks,” a rock-inspired comedy and variety show featuring multiple drag queens from the Memphis area, beginning April 14.
Proceeds from the event will benefit Choices: Memphis Center for Reproductive Health, a pro-abortion and LGBTQ-affirming health clinic.
“This law threatens to force a theatre troupe into a nightclub, because Tennessee legislators believe they have the right to make their own opinions about drag into law,” the group argued in its motion requesting the restraining order. “Plaintiff’s other option is to proceed as planned, knowing that the Friends of George’s drag performers could face criminal — even felony — charges.”
The group also argued that the law unfairly singles out drag performers as opposed to other performers, noting that if a drag queen and a Tennessee Titans cheerleader danced in the presence of children, only the drag performer would be breaking the law.
“Thus, the prohibited speech is defined by the identity of the drag performer — and the message he conveys,” lawyers for the group argued in brief, noting that such a disproportionate response, based on the speaker’s identity and their decision to express themselves in a certain way, violates the First Amendment to the U.S. Constitution.
Parker, an appointee of former President Donald Trump, ultimately agreed with the theater group, finding the law’s language to be so vague that it could penalize not only any drag performance held in the state — regardless of whether or not children were actually present — but could make venues that show movies where performers dress in drag for comedic purposes, or even magazines, TV channels, or websites that feature drag performers or shows, liable under the law.
“Does a citizen’s private residence count? How about a camping ground at a national park? What if a minor browsing the worldwide web from a public library views an ‘adult cabaret performance’?” Parker said. “Ultimately, the Statute’s broad language clashes with the First Amendment’s tight constraints.”
Parker acknowledged that the restraining order will only remain in effect until the lawsuit is concluded, regardless of the outcome. He noted that his order is an “extraordinary remedy,” but also defended the rationale behind his decision to issue it, saying he “does not take such actions lightly.”
“If Tennessee wishes to exercise its police power in restricting speech it considers obscene, it must do so within the constraints and framework of the United States Constitution,” Parker said in his written ruling. “The Court finds that, as it stands, the record here suggests that when the legislature passed this Statute, it missed the mark.”
Right-wing groups, social conservatives, and Republican politicians have recently seized on drag shows as the newest controversial “wedge” issue, seeking to exploit people’s discomfort with gender-nonconformity for political gain.
Many opponents of drag shows argue that they are inherently sexual — often due to performers’ style of dancing — and encourage children to mimic such behavior. Others fear that children will be “groomed” or coerced into identifying as LGBTQ — particularly as transgender — if they are exposed to such performances.
Tennessee Senate Majority Leader Jack Johnson (R-Brentwood), one of the bill’s lead sponsors, has argued that the so-called “ban” on public drag will assuage the fears of parents so that they can travel places with their children without having to worry about them being exposed to “sexualized performances.”
Another similar, but separate, anti-drag bill introduced in Tennessee that has not yet gained traction is a proposal to have all drag performers register with the state as “adult cabaret entertainers” and obtain a permit before engaging in such performances for monetary gain.
Friends of George’s celebrated Parker’s decision to issue the restraining order, and expressed confidence that the law would ultimately be found unconstitutional.
“We won because this is a bad law,” Mark Campbell, the current president of the Board of Directors for Friends of George’s, said in a statement. “We look forward to our day in court where the rights for all Tennesseans will be affirmed.”
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