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

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A Tennessee law, the first of its kind in the United States, intended to impose severe restrictions on drag shows, has been declared unconstitutional by a federal judge. U.S. District Judge Thomas Parker, who was appointed by ex-President Donald Trump, concluded in his Friday ruling that the law was excessively ambiguous and overly expansive, potentially leading to biased enforcement.

Judge Parker distinguished between obscenity as a common term and its legal definition, asserting that the U.S. Supreme Court has never claimed that sexual content, which is not obscene, has less protection under the First Amendment than political, artistic, or scientific content.

The contested law would have prohibited adult cabaret shows on public property or in places where minors may be found. Offenders could have faced misdemeanor or even felony charges for repeated violations. Judge Parker illustrated the problematic nature of the law by presenting the scenario of a female performer dressed as Elvis Presley being penalized as a “male impersonator”.

Friends of George’s, a LGBTQ+ theater company in Memphis, lodged a lawsuit in March arguing that the law would adversely affect them as their productions include drag-oriented performances, comedy skits, and plays without age limitations.

The theater company celebrated the ruling as a victory over discrimination and a validation of their First Amendment rights as artists. They likened their success to the LGBTQ+ community’s longstanding fight against prejudice.

Senate Majority Leader Jack Johnson, a Republican and one of the law’s primary proponents, expressed his disappointment with the decision, asserting it favored the exposure of children to sexualized entertainment. He hoped for an appeal of the ruling by the state’s attorney general.

Initially, the lawsuit named Republican Governor Bill Lee, Attorney General Jonathan Skrmetti, and Shelby County District Attorney General Steven Mulroy as defendants. However, only Mulroy remained as a defendant after an agreement was reached to dismiss the other two.

Tennessee’s predominantly Republican Legislature had advanced the law earlier in the year, with several members citing local drag shows as justification for its restrictions. Yet, the law never explicitly mentioned “drag”. Instead, it broadened the definition of adult cabaret to include “adult-oriented performances harmful to minors” and categorized “male or female impersonators” as such.

Despite never being enforced due to Judge Parker’s preliminary injunction, the law was approved by the governor and was scheduled to take effect from April 1. The judge also noted that the law’s sponsor, Republican state Rep. Chris Todd, had tried to halt a drag show in his district prior to proposing this ban.

This law was the second significant legislation aimed at the LGBTQ+ community passed by Tennessee lawmakers this year. The governor also signed into a law, a GOP-supported bill banning most gender-affirming care, which is currently being contested in court.

FAQ about Tennessee Anti-Drag Law Ruling