NASHVILLE, Tenn. (AP) 鈥 Tennessee鈥檚 first-in-the-nation law designed to place strict limits on drag shows is unconstitutional, a federal judge says.
The law is both 鈥渦nconstitutionally vague and substantially overbroad鈥 and encouraged 鈥渄iscriminatory enforcement,鈥 according to the ruling late Friday by U.S. District Judge Thomas Parker, who was appointed by former President Donald Trump.
鈥淭here is no question that obscenity is not protected by the First Amendment. But there is a difference between material that is 鈥榦bscene鈥 in the vernacular, and material that is 鈥榦bscene鈥 under the law,鈥 Parker said.
鈥淪imply put, no majority of the Supreme Court has held that sexually explicit 鈥 but not obscene 鈥 speech receives less protection than political, artistic, or scientific speech,鈥 he said.
The law would have banned adult cabaret performances from public property or anywhere minors might be present. Performers who broke the law risked being charged with a misdemeanor or a felony for a repeat offense.
Parker used the example of a female performer wearing an Elvis Presley costume and mimicking the iconic musician who could be at risk of punishment under the drag law because they would be considered a 鈥渕ale impersonator.鈥
Friends of George鈥檚, a Memphis-based LGBTQ+ theater company, , saying the law would negatively impact them because they produce 鈥渄rag-centric performances, comedy sketches, and plays鈥 with no age restrictions.
鈥淭his win represents a triumph over hate,鈥 the theater company said in a statement Saturday, adding that the ruling affirmed their First Amendment rights as artists.
"Similar to the countless battles the LGBTQ+ community has faced over the last several decades, our collective success relies upon everyone speaking out and taking a stand against bigotry,鈥 the group said.
Senate Majority Leader Jack Johnson, a Republican who was one of the law鈥檚 main sponsors, said he was disappointed with the ruling.
鈥淪adly, this ruling is a victory for those who support exposing children to sexual entertainment,鈥 Johnson said, adding that he hoped the state's attorney general will appeal the 鈥減erplexing ruling.鈥
Initially, the complaint listed Republican Gov. Bill Lee, Attorney General Jonathan Skrmetti and Shelby County District Attorney General Steven Mulroy as defendants. But the plaintiffs later agreed to dismiss the governor and top legal chief 鈥 although Skrmetti continued to represent Mulroy for this case.
A spokesperson for both Skrmetti and Mulroy did not immediately respond Saturday to requests for comment on Parker鈥檚 ruling.
Tennessee's Republican-dominated Legislature advanced the anti-drag law earlier this year, with several GOP members pointing to drag performances in their hometowns as reasons why it was necessary to restrict such performances from taking place in public or where children could view them.
Yet the actual word 鈥渄rag鈥 doesn't appear in the statute. Instead lawmakers changed the state's definition of adult cabaret to mean 鈥渁dult-oriented performances that are harmful to minors.鈥 Furthermore, 鈥渕ale or female impersonators鈥 were classified as a form of adult cabaret, akin to strippers or topless dancers.
The governor quickly signed off on the statute and it was set to take effect April 1. However, to date, the law has never been enforced because the federal judge had sided with the group that challenged the statute in March, and he temporarily blocked the law.
Parker also cited how the law鈥檚 sponsor, Republican state Rep. Chris Todd, had previously helped lead an effort to block a drag show in his district before introducing the drag ban proposal. Todd later confirmed that he hadn't seen the performance, but nevertheless pursued legal action to stop the show and the event was held indoors with an age restriction.
This incident was among the several reasons to believe that the anti-drag law was 鈥済eared towards placing prospective blocks on drag shows 鈥 regardless of their potential harm to minors," Parker wrote.
The drag law marks the second major proposal targeting LGBTQ+ people passed by Tennessee lawmakers this year. Lee signed into law GOP-backed legislation banning most , which is being challenged in court.
