Trump-Appointed Judge Strikes Down GOP's 'Unconstitutional' Drag Show Ban
U.S. District Judge Thomas Parker, who was appointed by former President Donald Trump, struck down a law restricting drag shows in Tennessee, saying that the ban is "unconstitutional."
In March, Tennessee Governor Bill Lee signed into law a bill that bans drag performances in public places where children are present. Drag performances such as adult cabaret entertainment have been banned for being "harmful to minors," which according to the bill includes "topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers."
The state bill was challenged in court by the Friends of George, a Memphis-based theater group in late March, according to The Commercial Appeal. On its website, the theater group said that the bill "imperils the lives of drag performers and seeks to oppress queer culture state-wide."
Parker issued his ruling after midnight on Friday, granting the LGBTQ+ community in Tennessee a significant win as Pride month kicked off on Thursday. The judge said that "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 (sic) restriction on the freedom of speech."
Though the state's defense team argued why the law is important to protect children who might be exposed to potential indecency, Parker questioned whether or not it's necessary, noting that the state already had laws on the books that prohibited obscenity.
A spokesperson for the Tennessee Equality Project, an LGBTQ+ advocacy group, told Newsweek on Saturday that the nonprofit is pleased with the court's decision.
"Throughout the legislative session, LGBTQ advocates warned legislators they were violating the First Amendment," the spokesperson said. "We are gratified for this vindication and grateful to Friends of George's for bringing this important court challenge."
The court's decision comes at a time when LGBTQ+ rights are being heavily targeted in some parts of the country between anti-LGBTQ+ legislation and proposals sweeping through Republican-led states. Additionally, calls have been made by some to boycott certain brands such as Target for promoting Pride-themed merchandise and Bud Light for partnering with transgender influencer and activist Dylan Mulvaney.
Over 490 anti-LGBTQ proposals were introduced in state legislatures across the United States since the beginning of this year, according to data by the American Civil Liberties Union (ACLU). This figure is double the number of bills introduced last year, according to CNN.
Transgender rights have also been targeted in some states as some Republicans pushed for banning gender-affirming care, including Montana Governor Greg Gianforte who signed Senate Bill 99 in April, banning gender-affirming care for minors in his state. In February, Georgia Republican state senators introduced two bills that would ban gender-affirming care for those under the age of 18, becoming the 26th state in the country to try to limit or ban care for transgender patients.
Data from the Pew Research Center last year showed that a majority of the U.S. favor laws that would protect transgender individuals from discrimination. However, a recent Washington Post poll found clear majorities of Americans backing Republican-led restrictions that impact transgender children, including limits on gender-affirming care and other policies that LGBTQ+ advocates say help decline suicide rates among transgender youth.
Update 6/3/2023, 12:44 p.m. ET: This article has been updated to include comments from a spokesperson with the Tennessee Equality Project.
