The 6th U.S. Circuit Court of Appeals dismissed a lawsuit against a Tennessee law banning drag performances, overturning a lower court’s decision to block the law.
Court Ruling and Standing
The federal appeals court has ruled that Friends of George’s, a Memphis-based LGBTQ+ theater company, did not have the legal right to sue over the Tennessee law limiting drag performances.
The Original Case
For some necessary context, this story starts with a court case by Friends of George’s, a Memphis-based LGBTQ+ theater company, that challenged a Tennessee law banning drag shows.
Not Harming Minors
In the Friends of George’s lawsuit ruling, it was determined that the company’s performance was not at risk of violating the law since it was not “harmful to minors.”
Definitely Appropriate Shows
“Friends of George’s has not alleged that its performances lack serious value for a 17-year-old. In fact, it insists on the exact opposite. Its own witness, a member of Friends of George’s board, conceded that its shows ‘are definitely appropriate for a 15-year-old and would ‘absolutely’ have artistic value for a 17-year-old,” the ruling stated.
Tennessee’s Anti-Drag Law
The law in question, advanced by Tennessee’s Republican-dominated Legislature and supported by Governor Bill Lee, attempts to restrict adult cabaret performances on public property or where minors might be present.
Classifying Performers
The statute does not explicitly mention “drag” but includes “male or female impersonators” in the definition of adult cabaret, classifying them alongside strippers or topless dancers.
Overflowing With Artists
Tennessee Attorney General Jonathan Skrmetti praised the ruling, stating, “As a state overflowing with world-class artists and musicians, Tennessee respects the right to free expression.”
Prohibiting Obscene Material
However, AG Skrmetti went on to say, “Tennessee’s ‘harmful to minors’ standard is constitutionally sound and Tennessee can absolutely prohibit the exhibition of obscene material to children.”
Opposition and Controversy
Democratic Representative Aftyn Behn criticized the ruling, calling it a “misguided attack on the LGBTQ+ community” and argued that the law is more about spreading fear and division than protecting children.
Flies in the Face
“This ruling is absurd and flies in the face of small government principles. It targets drag performers under the false pretense of protecting children, even though the court acknowledged that these performances are not harmful to minors,” Behn stated.
Legal Definitions and Implications
The original court’s decision highlighted the specific definition of “harmful to minors” under Tennessee law, which must meet three criteria and be limited to materials lacking serious literary, artistic, political, or scientific value for a reasonable 17-year-old minor.
Chilling Protected Speech
Federal Judge Thomas Parker, who previously sided with Friends of George’s, said the law was “passed for the impermissible purpose of chilling constitutionally-protected speech.”
Broader Impact on the LGBTQ+ Community
The ruling comes amid a broader context of increasing anti-LGBTQ+ legislation across the United States, with a record number of anti-LGBTQ bills introduced in state legislatures in recent years. Advocacy groups like the Human Rights Campaign have identified Tennessee as enacting more anti-LGBTQ laws than any other state since 2015.
Disappointed by the Ruling
Friends of George’s expressed disappointment in the ruling, stating on social media, “Instead of addressing the constitutionality of Tennessee’s drag ban, today’s ruling has left us and thousands of others in the LGBTQ+ community dangerously in limbo, with no clear answers as to how this ban will be enforced and by whom.”
Judicial Opinions
Two judges affirmed the dismissal of the case, while Circuit Court Judge Andre Mathis did not, describing the law as an “unconstitutional content-based restriction on speech.”
An Unconstitutional Law
Mathis argued that the law’s broad language and its potential for discriminatory enforcement could make the law unconstitutional, echoing the same concerns raised by Friends of George’s and other LGBTQ+ advocates.
Continued Debates and Enforcement
The debate over how Tennessee’s anti-drag ban should be enforced now continues as people are forced to question its application and potential discriminatory impact on the LGBTQ+ community.
National Context
Unfortunately, this surge in anti-LGBTQ+ legislation is not limited to Tennessee, as statehouses nationwide have seen a significant increase in bills aimed at restricting LGBTQ+ rights.
Limiting Trens
The American Civil Liberties Union (ACLU) recorded nearly 530 anti-LGBTQ+ bills introduced in 2024 alone, revealing a national trend of conservative policies aimed at limiting the rights and visibility of LGBTQ+ individuals.
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Featured Image Credit: Shutterstock / Cheri Alguire.
