The legal scuffle over Tennessee's anti-drag show law saw a significant reversal as the 6th U.S. Circuit Court of Appeals dismissed a lawsuit that challenged the state's stringent restrictions on drag performances. The court's decision overturned a prior ruling from a lower court that had declared parts of the statute unconstitutional and had halted its enforcement in certain areas, as detailed by WSMV. The lawsuit, initiated by a Memphis-based LGBTQ+ theater company named Friends of George's, was dismissed on grounds that the company did not have the legal right to contest the law.
The law, which was passed last year, reframes the state's definition of adult cabaret to include performances deemed "harmful to minors," categorizing "male or female impersonators" alongside strippers or topless dancers. As reported by NBC News, this has raised complications over the law's enforcement, stirring debate over its impact on the LGBTQ+ community and freedom of expression. Republican advocates of the law have justified it as necessary to shield minors from content deemed inappropriate.
Despite the appeals court's dismissal, the controversy surrounding the legislation persists. Democratic Rep. Aftyn Behn criticized the decision, saying, "This ruling is absurd and flies in the face of small government principles," and "It targets drag performers under the false pretense of protecting children, even though the court acknowledged that these performances are not harmful to minors," according to a statement obtained by WSMV. Behn and other opponents of the law accuse Republican legislators of using the law to directly target the personal freedoms of the LGBTQ+ community.
The legal decision has underlined that "harmful to minors" contains specific criteria under Tennessee law, which include a determination that the material lacks "serious literary, artistic, political, or scientific value for a reasonable 17-year-old minor," as stated in the ruling noted by ABC News. Friends of George's, whose performances include “drag-centric performances, comedy sketches, and plays” without age restrictions, insisted that their shows are appropriate and hold artistic value for minors.
Tennessee has been highlighted by the Human Rights Campaign for enacting more anti-LGBTQ+ laws than any other state since 2015. This year alone, over 20 bills targeting the LGBTQ+ community advanced out of the state's Legislature. Among these was the controversial bill banning state funds from being spent on hormone therapy or sex reassignment procedures for prisoners, aside from inmates who are already receiving such treatments, according to an ABC News report.
