Trump-appointed judge rejects Tennessee’s anti-drag law as too broad, too vague

The law in Tennessee, the first of its kind nationwide to establish severe restrictions on drag shows, has been ruled unconstitutional by a federal judge.

The verdict, delivered late on Friday by U.S. District Judge Thomas Parker, a nominee of former President Donald Trump, stated that the law was “unconstitutionally indistinct and excessively broad,” and encouraged “biased enforcement.”

“There’s no doubt that the First Amendment does not protect obscenity. However, there’s a distinction between ‘obscene’ in common usage and ‘obscene’ as defined by law,” Parker stated.

He further added, “To put it simply, the Supreme Court has never collectively ruled that sexually explicit – but not obscene – speech is less protected than political, artistic, or scientific speech.”

The law intended to prohibit adult cabaret performances on public land or in locations where minors could be present. Performers violating the law risked misdemeanor charges or even a felony for repeat offenses.

Judge Parker referenced a hypothetical scenario where a female performer emulating the legendary musician Elvis Presley could face punishment under the law as a “male impersonator.”

Friends of George’s, a Memphis LGBTQ+ theater company, lodged a complaint in March arguing that the law would adversely affect them as they create “drag-centric performances, comedy sketches, and plays” without age restrictions.

“Today’s victory symbolizes a triumph over bigotry,” said the theater company in a statement on Saturday, emphasizing that the ruling validated their First Amendment rights as artists.

They added, “Much like the numerous battles faced by the LGBTQ+ community over many decades, our shared success is contingent on everyone raising their voice and taking a stand against prejudice.”

Jack Johnson, Senate Majority Leader and a key sponsor of the law, expressed his disappointment with the ruling. “Regrettably, this ruling signifies a win for those in favor of exposing children to sexual entertainment,” he stated, hoping for an appeal against this “bewildering ruling” by the state’s attorney general.

Initially, the lawsuit named Republican Gov. Bill Lee, Attorney General Jonathan Skrmetti, and Shelby County District Attorney General Steven Mulroy as defendants. However, the plaintiffs later agreed to dismiss the governor and top legal chief, though Skrmetti continued to represent Mulroy in this case.

The predominantly Republican Tennessee legislature pushed for the anti-drag law earlier this year. Some GOP members justified it by referring to drag performances in their hometowns, arguing that it was essential to prevent such shows from being staged in public or where children could observe them.

Interestingly, the word “drag” does not appear in the law. Instead, legislators revised the state’s definition of adult cabaret to mean “adult-oriented performances that are harmful to minors.” The law also categorized “male or female impersonators” as a type of adult cabaret, similar to strippers or topless dancers.

The statute was promptly signed by the governor and was scheduled to take effect on April 1. However, due to a temporary block by Judge Parker siding with the group contesting the statute in March, it has yet to be enforced.

Parker highlighted that the law’s sponsor, Republican state Rep. Chris Todd, had previously attempted to block a drag show in his district before proposing the drag ban. Despite never having viewed the performance, Todd pursued legal action to halt the show, which eventually took place indoors with an age limit.

This incident, among others, suggested that the anti-drag law was “intended to place pre-emptive obstacles on drag shows — regardless of their potential harm to minors,” Parker wrote.

This law is the second major piece of legislation aimed at the LGBTQ+ community passed by Tennessee lawmakers this year. A GOP-supported bill banning most gender-affirming care, signed into law by Governor Lee, is currently being contested in court.

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