Tennessee’s Drag Show Ban Stands as Supreme Court Declines Challenge
Tennessee’s contentious law restricting drag performances in the presence of children will remain in effect, solidifying a significant victory for the state’s Republican leadership. The Supreme Court’s decision this week to deny a challenge to the law, brought forth by a drag performance group, effectively upholds the state’s authority to regulate what it deems "adult-oriented performances" in public spaces or venues accessible to minors.
The law in question, formally known as the Adult Entertainment Act, was enacted in 2023 and immediately sparked legal battles and fierce debate regarding its constitutionality and potential impact on free expression. The statute prohibits "adult-oriented performances" in locations where they could be witnessed by children, a provision that opponents argue is overly broad and unfairly targets drag artists and the LGBTQ+ community.
Tennessee Attorney General Jonathan Skrmetti, a staunch defender of the law, celebrated the Supreme Court’s action as "another big win for Tennessee." In a statement posted on X, formerly Twitter, Skrmetti asserted that while free speech is a "sacred American value," the First Amendment does not compel the state to permit "sexually explicit performances" before children. He vowed to continue defending the law and protecting the state’s youth.
"Free speech is a sacred American value, but the First Amendment does not require Tennessee to allow sexually explicit performances in front of children," Skrmetti stated. "We will continue to defend TN’s law and children."
The legal saga surrounding the Adult Entertainment Act has been marked by twists and turns. Initially, a federal judge sided with opponents of the law, ruling that it was "unconstitutionally vague and substantially overbroad" and temporarily halting its enforcement. The judge’s decision underscored concerns that the law’s imprecise language could lead to arbitrary application and stifle legitimate artistic expression.
However, the 6th U.S. Circuit Court of Appeals subsequently reversed the lower court’s decision in July. The appellate court determined that Friends of George’s Inc., the Memphis-based theater company that initiated the lawsuit, lacked the legal standing to challenge the law. This ruling paved the way for the law to take effect, effectively curtailing drag performances in public settings where children might be present.
Despite the Supreme Court’s decision not to intervene, the legal battle over Tennessee’s drag show ban is far from over. Another lawsuit challenging the law is currently underway, filed by the American Civil Liberties Union (ACLU) on behalf of Blount County Pride, an LGBTQ+ advocacy group. This lawsuit stems from a prior incident in which the then-Attorney General Ryan Desmond threatened to prosecute anyone who violated the ban during the 2023 pride festival. The ACLU’s ongoing legal challenge aims to dismantle the law on constitutional grounds, arguing that it violates free speech protections and discriminates against drag performers and the LGBTQ+ community.
The penalties for violating the Adult Entertainment Act are significant. Individuals found in violation of the law face prosecution for a Class A misdemeanor, potentially resulting in fines and jail time ranging from 11 months to six years. Repeat offenders face even harsher consequences, with second or third offenses classified as Class E felonies, carrying the possibility of more substantial fines and extended prison sentences.
Tennessee Senate Majority Leader Jack Johnson, a key sponsor of the bill in 2023, echoed Skrmetti’s sentiments, expressing his pride in the Supreme Court’s decision. In a post on X, Johnson stated, "I’m proud that the United States Supreme Court has upheld yet another Tennessee law protecting our children. SB 3 ensures that Tennessee children are not exposed to sexually explicit entertainment."
The Supreme Court’s decision regarding the drag show ban comes at a time when the court is already considering another high-profile case involving Tennessee law and LGBTQ+ rights. The ACLU has brought a case before the court challenging Tennessee’s ban on transgender medical treatments and procedures for minors. This case raises fundamental questions about the scope of the 14th Amendment’s equal protection clause, which guarantees equal treatment under the law for individuals in similar circumstances. The court is tasked with determining whether this clause prevents states from prohibiting medical providers from offering puberty blockers and hormone treatments to children seeking transgender surgical procedures.
Attorney General Skrmetti, in a recent interview with Fox News Digital, expressed cautious optimism regarding a favorable outcome in the transgender medical treatment case. He noted a perceived shift in cultural attitudes on these issues and criticized attempts to "rewrite laws through creative judging" and regulation.
"It seems like the momentum has really shifted almost culturally on these issues," Skrmetti said. "And when you see people trying to rewrite laws through creative judging, through creative regulating, that alienates the people from the laws that bind them, and its bad for America."
The Supreme Court is expected to issue a ruling in the transgender medical treatment case by June. This decision, along with the recent refusal to hear the challenge to the drag show ban, will have far-reaching implications for LGBTQ+ rights and the balance between state authority and individual liberties.
The legal battles in Tennessee reflect a broader national debate about the regulation of expression, the protection of children, and the rights of LGBTQ+ individuals. As these cases continue to unfold, they will undoubtedly shape the legal landscape and influence the ongoing conversation about identity, equality, and the role of government in regulating social norms. The outcome of the ACLU’s lawsuit against the drag show ban remains to be seen, leaving the future of drag performance and LGBTQ+ expression in Tennessee uncertain.
