You’re Out!

One strike out for Tennessee, not in sports but rather in the courts. A federal judge tossed out the law in Tennessee banning drag performances in public spaces.

Federal judge tosses Tennessee's controversial 'anti-drag' law, declares it unconstitutional

Memphis Commercial Appeal

By Micaela A Watts

June 3, 2023

In a significant win for LGBTQ advocates, a federal judge has tossed out Tennessee's controversial law restricting drag performances, after hearings in which the law's necessity and broad language were questioned.

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The bill restricting "male and female impersonators" from performing in public spaces was signed into law by Gov. Bill Lee at the start of March. The bill was one of several to come out of the 2023 legislative session that was said to target LGBTQ Tennesseans.

It didn’t take a brain surgeon to figure that one out, not only did the single out drags from using what every one can use but also preventing us from speaking in public.

The LA Blade wrote,

In his 70 page ruling Friday, June 2, 2023, Parker wrote:

“After considering the briefs and evidence presented at trial, the Court finds that—despite Tennessee’s compelling interest in protecting the psychological and physical wellbeing of children—the Adult Entertainment Act (“AEA”) is an UNCONSTITUTIONAL restriction on the freedom of speech.”

“The Court concludes that the AEA is both unconstitutionally vague and substantially overbroad. The AEA’s “harmful to minors” standard applies to minors of all ages, so it fails to provide fair notice of what is prohibited, and it encourages discriminatory enforcement. The AEA is substantially overbroad because it applies to public property or “anywhere” a minor could be present.”

The Pink News reported that,

But judge Thomas Parker, a nominee of former president Donald Trump, passed a temporary injunction to block the law from being enacted. 

The decision came after Friends of George’s, a Memphis-based LGBTQ+ theatre group, filed a federal lawsuit against Shelby County district attorney Steve Mulroy and the state. The group argued drag is an art form and that the AEA was unconstitutional under the First Amendment. 

In the new 70-page ruling on Friday (2 June), Parker said the court concluded Tennessee’s drag ban is “both unconstitutionally vague and substantially over-broad”.

Wow! So it was a Trump judge that found it unconstitutional!