Tennessee Drag Show Ban Is Unconstitutional, Rules Trump-Appointed Judge

By Rick Martin Jun 05 2023, 00:46 AM EDT

Tennessee has gone down the "culture war" path as the state enacted a law that placed strict limitations on drag shows. However, a federal judge appointed by former president Donald Trump has ruled that the law is unconstitutional.

The law was the first in the nation, with other red states like Florida following suit, according to CBS News. As expected, the law's passing received much pushback from LGBTQ organizations and entertainers.

The Trump-appointed US District Judge Thomas Parker ruled that the Tennessee anti-drag law is both "unconstitutionally vague and substantially overbroad" and encouraged "discriminatory enforcement." He pointed out the vagueness by stating that while obscenity is not protected by the First Amendment, there is a difference between "obscenity" in the vernacular and "obscenity" 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," the judge ruled.

Judge Parker also used a female Elvis impersonator as an example of how the law would impede freedom of speech. He stated that the Republican-backed law would also punish the female performer for wearing an Elvis costume and mimicking the music icon as she would be considered a "male impersonator."

What Is the Tennessee Drag Show Ban?

Republicans hold supermajorities in both the Tennessee State House and State Senate, as well as the governor's seat. The law passed the state legislature overwhelmingly and was signed by Governor Bill Lee.

Officially known as the Adult Entertainment Act, the law restricted public drag show performances, as well as "adult cabaret performances" on public property. This was reportedly to "shield children from viewing them," according to CNN.

The Tennessee drag show ban specifically targeted "male or female impersonators" who perform in a way that is "harmful to minors." Anyone caught violating the law will be charged with a misdemeanor, and repeat offenders will be charged with a felony.

As soon as the bill became law, Memphis-based LGBTQ+ theater company Friends of George's filed a complaint and stated that it would negatively impact them as they produce "drag-centric performances, comedy sketches, and plays" with "no age restrictions." The group then released a statement following the ruling, stating, "This win represents a triumph over hate."

Meanwhile, one of the law's main sponsors, State Senate Majority Leader Jack Johnson, said that he was "disappointed."

Ruling on Drag Shows May Affect New Florida Law

It was a federal judge who ruled that the Tennessee law was unconstitutional, which means that this might also affect Florida Governor Ron DeSantis's own "culture war" agenda and HB 1438, which is dubbed "Protection of Children."

Much like Tennessee, Florida's new law also restricts drag shows in the guise of "protecting children." According to WTSP, the law does not specifically mention drag shows. However, it does define "adult live performances" as "any show, exhibition, or other presentation that is performed in front of a live audience and in whole or in part, depicts or simulates nudity, sexual conduct, sexual excitement, specific sexual activities, ... lewd conduct, or the lewd exposure of prosthetic or imitation genitals or breasts."

Violators will face fines and suspensions of licenses to operate in Florida. It was pointed out, however, that drag shows are still legal in the state, but children are not allowed to watch them.

This article is owned by Latin Post.

Written by: Rick Martin

WATCH: Federal judge declares Tennessee drag restriction law unconstitutional - NBC News