Federal Judge Rules Tennessee Law Restricting Drag Shows Unconstitutional

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The law would have banned adult cabaret performances from public property or anywhere minors might be present. Performers who broke the law risked being charged with a misdemeanor or a felony for a repeat offense, CBS News reported.

The Tennessee law aimed at placing strict limitations on drag performances is unconstitutional, a federal judge ruled late last week.

The law, which was the first in the nation of its kind, was ruled as both "unconstitutionally vague and substantially overbroad" and encouraged "discriminatory enforcement," U.S. District Judge Thomas Parker said late Friday.

Parker, who was appointed by former President Donald Trump, said, “There is no question that obscenity is not protected by the First Amendment. But there is a difference between material that is 'obscene' in the vernacular, and material that is 'obscene' under the law.

"Simply put, no majority of the Supreme Court has held that sexually explicit — but not obscene — speech receives less protection than political, artistic, or scientific speech," he added.

The law would have banned adult cabaret performances from public property or anywhere minors might be present. Performers who broke the law risked being charged with a misdemeanor or a felony for a repeat offense, CBS News reported.

Tennessee Gov. Bill Lee signed the legislation in early March, alongside another law banning minors from receiving gender-affirming care despite public outcry and threats from civil rights organizations who promised to — and eventually did — sue the state, CBS News reported.

Parker temporarily blocked the anti-drag law in Tennessee in April, just hours before it was meant to take effect. That initial decision stemmed from a lawsuit filed by the Memphis-based LGBTQ+ theater company Friends of George's, which alleged that state restrictions on drag shows violates the First Amendment, CBS News reported.

Friends of George's, a Memphis-based LGBTQIA+ theater company, filed a complaint in March, saying the new law would negatively impact them because they produce "drag-centric performances, comedy sketches, and plays" with no age restrictions, CBS News reported.

Following Parker’s decision Friday, Australian rock and roll band King Gizzard and the Lizard Wizard performed in Tennessee at the subterranean venue, The Cave, as part of a four-night residency and dressed in drag during the performance, according to reports.

During their performance Saturday night, members of the band wore dresses, lingerie, leggings, tops, and sun hats, Brooklyn Vegan reported.

Spin reported that guitarist Joey Walker said at the show, “This ain’t no protest, baby. This is a celebration!”

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