Supreme Court Leaves Tennessee’s Drag Ban in Place
The nation's highest court refused to reverse an appeals court's decision that a theater putting on drag shows has "no standing" to sue.
The U.S. Supreme Court declined to take up a challenge to a Tennessee law seeking to restrict drag performances in the state.
In a brief, unsigned order, the court’s current justices denied a request from Friends of George’s Inc., a Tennessee-based theater company known for its drag performances, asking the high court to intervene in the case, reports The Hill.
As a result, the law will remain in effect.
In July, the 6th U.S. Circuit Court of Appeals ruled, in a 2-1 decision, that Friends of George’s lacked standing to challenge the Adult Entertainment Act on the grounds that its performances would have some artistic value and would not violate the law’s restrictions on so-called “adult cabaret entertainment.” That decision overturned a lower court’s finding that the law was unconstitutional and infringed on the free expression rights of performers.
Under the law, drag performances are defined as “adult cabaret performances,” similar to shows featuring topless dancers, go-go dancers, exotic dancers, or strippers.
Any shows with adult content, content that lacks “serious literary, artistic, political or scientific values,” or material that appeals to the “prurient, shameful or morbid interests,” are prohibited from being held in places where they may be viewed by minors.
Establishments or performers found in violation of the law can be fined or potentially face jail time. Friends of George’s and other opponents of the law have argued that, because the theater does not distinguish between adult and child ticket holders, and does not card patrons, they are at risk of prosecution under the law.
In rejecting the case, the Supreme Court failed to address whether the law actively infringes on performers’ right to free speech and free expression. As a result, a final decision on the law’s constitutionality can only occur after state or local authorities attempt to prosecute an individual, group, or business for alleged violations of the law.
A separate lawsuit challenging the law on its merits is working its way through the courts.
The American Civil Liberties Union brought that lawsuit in response to a letter from Blount County District Attorney Ryan Desmond threatening to prosecute organizers of the 2023 Blount Pride festival — and the president of Maryville College, where most of the festival’s events were held — if any drag performances took place.
A federal judge ultimately issued a restraining order prohibiting Desmond and local law enforcement from attempting to enforce the law, allowing the festival to proceed. In fact, despite threats of prosecution, attendance at the festival doubled.
Friends of George’s denounced the Supreme Court justices for refusing to hear the case and pledged not to be silent in their dissent.
“Friends of George’s Theatre Company will continue exercising our First Amendment right — bringing inclusive, joyful art to our community while raising thousands for charities that uphold dignity and respect for all,” the group said in a statement.
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