Federal judge tosses Tennessee's controversial 'anti-drag' law, declares it unconstitutional
In a significant win for LGBTQ advocates, a federal judge has tossed out Tennessee's controversial law restricting drag performances, after hearings in which the law's necessity and broad language were questioned.
Judge Thomas Parker issued his ruling just after midnight Friday, writing that, "the Court finds that — despiteTennessee’s compelling interest in protecting the psychological and physical wellbeing of children — the Adult Entertainment Act (“AEA”) is an UNCONSTITUTIONAL (sic) restriction on the freedom of speech."
The bill restricting "male and female impersonators" from performing in public spaces was signed into law by Gov. Bill Lee at the start of March. The bill was one of several to come out of the 2023 legislative session that was said to target LGBTQ Tennesseans.
More: Attorneys finish arguments over Tennessee drag show ban, federal judge set to rule
By late March, a Memphis-based theater group, Friends of George's filed suit against the state. The group wrote on its website in March the bill, imperils the lives of "drag performers and seeks to oppress queer culture state-wide."
Defense attorneys for the state focused on why the law was necessary to protect any minors that may be exposed to indecency. But, Parker questioned the necessity of the bill, noting Tennessee already had thorough laws on the books that banned obscenity.
Parker's decision comes hours before Mid-South Pride hosts the yearly Pride festival in Memphis.
Initially, the lawsuit named Tennessee Gov. Bill Lee, State Attorney General Jonathan Skrmetti and Shelby County District Attorney General Steve Mulroy in his capacity as the ban's enforcer in Shelby County.
Both Lee and Skrmetti's names were removed from the lawsuit, but that doesn't mean the ruling won't impact the rest of the state. Because the state's attorney general cannot enforce the law in Shelby County, any subsequent attempts to enforce the ban in other parts of the state would likely be immediately and successfully challenged in court, attorneys said.
On Saturday Skrmetti indicated via a statement that he planned to appeal, and that he still considers the law to be in effect throughout the state's other 94 counties despite it being ruled unconstitutional.
“The scope of this law has been misrepresented in public by those more interested in pressing a narrative than in reading the statutory text," his statement read. "The Adult Entertainment Act remains in effect outside of Shelby County. This narrowly-tailored law protects minors from exposure to sexually explicit performances. Its operative language is rooted in the U.S. Supreme Court’s long-established First Amendment precedent. We are reviewing the order and expect to appeal at the appropriate time.
Micaela Watts is a reporter for The Commercial Appeal, covering issues tied to education, access, and equity. She can be reached at micaela.watts@commercialappeal.com.
This article originally appeared on Memphis Commercial Appeal: Tennessee anti-drag law struck down by federal judge
