On Thursday, a federal appeals court dismissed a lawsuit challenging a Tennessee law that imposes strict limitations on public drag show performances. The 6th U.S. Circuit Court of Appeals reversed a lower court ruling that had deemed the law unconstitutional and had blocked its enforcement in part of the state.
The law, passed in 2023, restricts “adult cabaret performances” in public spaces or anywhere minors might be present, aiming to shield children from content deemed inappropriate. Violators of the law face potential misdemeanor charges, and repeat offenders could face felony charges.
Friends of George’s, a Memphis-based LGBTQ+ theater company that produces drag performances, had filed the lawsuit arguing that the law would negatively impact their operations. However, the appeals court ruled that Friends of George’s lacked the legal standing to challenge the law, stating that their performances did not fall under the law’s definition of “harmful to minors.” The court noted that the term has a specific legal definition under Tennessee law, which includes materials lacking significant literary, artistic, political, or scientific value for a reasonable 17-year-old.
The ruling was criticized by some as a potential infringement on free speech and a measure that could be used to discriminate against the LGBTQ+ community. A dissenting judge on the appeals court believed that the plaintiffs had the right to challenge the law, citing concerns that the law could unfairly target performances likely to be seen by minors.
The case has highlighted ongoing debates over the balance between public morality, free speech, and protection of minors. Despite the appeals court ruling, the law’s enforcement remains blocked in Blount County due to a separate lawsuit, and similar debates continue in other Republican-led states regarding LGBTQ+ rights and public performance regulations.
Arguments for the law:
State’s Position:
Tennessee’s law is designed to restrict “adult cabaret performances” to prevent minors from being exposed to what some perceive as inappropriate content. The state argues that the measure does not constitute a full ban but is meant to address overtly sexual performances in front of children
GOP Members’ Views:
Republican legislators and officials argue that the law is necessary to protect children from potentially harmful content and that it does not infringe on free speech as long as performances are not sexually explicit or inappropriate for minors
Arguments against the law:
Plaintiffs’ Position:
Friends of George’s, a Memphis-based theater company, argued that the law infringes on their First Amendment rights by restricting their ability to produce and perform drag shows, which they claim are not harmful to minors
Legal Challenges:
Critics, including some judges, argue that the law is too vague and could be used to target and discriminate against the LGBTQ+ community. They also contend that the law’s enforcement might be discriminatory and violate free speech protections.
National Broadcasting Company:
Federal appeals court dismisses lawsuit over Tennessee’s anti-drag show ban
Cable News Network:
Federal appeals court dismisses challenge to Tennessee’s anti-drag law