A victory for LGBTQ+ folks has come during Pride Month as a judge in Tennessee has blocked a ban on drag performances. U.S. District Judge Thomas Parker, who was—if you can believe it—appointed by former President Donald Trump, called the proposed ban “unconstitutionally vague and substantially overbroad.”
The so-called Adult Entertainment Act was an attempt to prevent minors from viewing “adult cabaret performances” and would not allow for drag shows to take place on public property. Those caught doing so could be charged with “a misdemeanor or felony for a repeat offence,” according to HuffPost.
Parker said he ultimately could not approve the ban because it infringes upon free speech. “As a matter of text alone, the [Adult Entertainment Act] is a content, and viewpoint-based restriction on speech,” said Parker. “The AEA was passed for the impermissible purpose of chilling constitutionally-protected speech.”
The case landed in front of Parker after Friends of George’s, a non-profit LGBTQ theatre company based in Memphis, challenged the ban. “This law threatens to force a theatre troupe into a nightclub, because Tennessee legislators believe they have the right to make their own opinions about drag into law,” the theatre group argued in its complaint. “Plaintiff’s other option is to proceed as planned, knowing that the Friends of George’s drag performers could face criminal—even felony—charges.
“The law prohibits a drag performer wearing a crop top and mini skirt from dancing where minors might see it, but does not prohibit a Tennessee Titans cheerleader wearing an identical outfit from performing the exact same dance in front of children.”
Parker temporarily halted the ban while he deliberated the case. The Tennessee drag ban was the first of its kind in the country and part of a number of despicable prohibitions and laws targeting the LGBTQ+ community nationwide, especially drag queens and trans people across the country.
When discussing the case, Parker turned it on its head by wondering what it would mean for women who, for example, dressed as Elvis Presley. Under the proposed law, Parker noted that they could be considered “male impersonators” and prosecuted.
After the ruling, Friends of George’s issued a celebratory statement on Twitter: “This win represents a triumph over hate. Similar to the countless battles the LGBTQ+ community has faced over the last several decades, our collective success relies upon everyone speaking out and taking a stand against bigotry.”
Senate Majority Leader Jack Johnson, a Republican and one of the primary sponsors of the ban, said of the decision, “Sadly, this ruling is a victory for those who support exposing children to sexual entertainment.” Jonathan Skrmetti, an Attorney General in Tennessee, said that he plans to appeal the decision at “an appropriate time.”
In his decision, Parker referenced Republican state representative Chris Todd’s attempt to ban a drag performance in his district sight unseen—a fact he later confirmed. Todd went on to sponsor Tennessee’s drag ban. While the ban has been ruled unconstitutional by Parker, another piece of legislation—banning gender-affirming care—was also signed into law by the state’s governor, Bill Lee.
(featured image: FilmMagic, Getty Images)
