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.”
Caleb Williams, the star quarterback for the University of Southern California and the projected No. 1 overall pick of the upcoming 2024 NFL draft, sparked controversy for wearing pink nail polish and chapstick, and sporting a pink phone and what appeared to be a matching wallet.
Williams was spotted in the stands during the March 25 USC women's basketball game against the University of Kansas as part of "March Madness." When the camera focused on him, waving his hands side to side as the Black Eyed Peas song "I Gotta Feeling" was playing, it caught a glimpse of his phone, which has a pink backing but a clear case, and a white wallet that appeared to be pink to some observers due to a camera reflection.
An LGBTQ teenager from one of New York City's toniest suburbs has sued the Chappaqua Central School District for suspending him for impromptu rap lyrics containing an anti-LGBTQ slur.
The Horace Greeley High School junior, identified as "OJ" in court documents, says he was secretly recorded by his friends while "freestyling" -- in which a rapper improvises an unwritten verse off the top of their head.
OJ was at his friend's house rapping for him and an acquaintance from another school, who is also an amateur rapper. OJ's friends recorded his lyrics and mashed it with lyrics the acquaintance sang to create a single song. He later uploaded to SoundCloud without OJ's knowledge or permission.
Variety is the name of the game of this very section, a treasure trove of nontraditional, often multi-genre, events that don't neatly categorize in the other listings. This is where you'll find a few different alt-queer dance parties at DC9 to check out. Or if you'd like to consider reading a new book or getting to know a new-to-you queer author, flip the page to browse the lineup at the queer-owned Loyalty Bookstore.
Feel like taking in an art show that's not in a building surrounding the Mall? Consider Glen Echo Park. Looking for drag queens? See the Boulet Brothers at the Fillmore, or Shi-Queeta-Lee and company at The Hamilton Live. And if you like to laugh, well... we have queer comics galore.
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