Late Friday, U.S. District Judge Thomas Parker, a Donald Trump-appointed judge, deemed the first-in-the-nation Tennessee law that sought to impose strict limitations on drag performances as unconstitutional. Judge Parker declared that the law was both “unconstitutionally vague and substantially overbroad” and promoted “discriminatory enforcement.” The legislation, signed by Republican Governor Bill Lee in March, aimed to prohibit adult cabaret performances in public areas or places where minors could be present, carrying potential charges of misdemeanor or felony for repeat offenders. The ruling comes as a victory for LGBTQ+ rights advocates who had raised concerns about the law’s infringement on First Amendment rights.
In his decision, Judge Parker highlighted the distinction between material considered obscene in the vernacular and material deemed obscene under the law. He asserted that sexually explicit but not obscene speech should receive the same level of protection as political, artistic, or scientific speech, as no majority of the Supreme Court had differentiated between them. The judge presented an example of a female performer dressed as Elvis Presley, mimicking the iconic musician, who could potentially face punishment under the drag law, as they would be deemed a “male impersonator.”
The lawsuit challenging the anti-drag law was filed by Friends of George’s, an LGBTQ+ theater company based in Memphis. The organization claimed that the law would have a detrimental impact on their drag-centric performances, comedy sketches, and plays, as they did not enforce age restrictions. This ruling marks a temporary blockage of the law, which was originally scheduled to take effect in April. It also adds to the ongoing legal battles surrounding LGBTQ+ rights in Tennessee, as the state has faced opposition for passing another law banning gender-affirming care for minors, despite significant public outcry and threats of legal action from civil rights organizations.
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