Tennessee's anti-drag law deemed unconstitutional by federal judge

Nashville, Tennessee - A federal judge in Tennessee has deemed the state's law designed to place strict limits on drag shows unconstitutional, saying it violates the First Amendment's right to free speech and freedom of expression. The LGBTQ+ community is celebrating the ruling as a major win.

Tennessee's anti-drag law has been deemed unconstitutional by a federal judge.
Tennessee's anti-drag law has been deemed unconstitutional by a federal judge.  © Reuters/KEVIN WURM

US District Judge Thomas Parker dubbed the anti-drag law "unconstitutionally vague and substantially overbroad" in his ruling late Friday night, as the Associated Press reported.

In his 70-page ruling, Parker noted that per this new law, a female performer wearing an Elvis Presley costume and mimicking the famous artist could be at risk under the new law as they could be considered a "male impersonator."

Parker added that the law, which was designed to put strict limits on drag shows, encouraged "discriminatory enforcement."

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The controversial law, SB 3 / HB 9, which was signed by Republican governor Bill Lee in March, would have banned adult cabaret performances from public property or anywhere minors might be present. Those who broke the law risked being charged with a misdemeanor and subsequently with a felony for a repeat offense.

LGBTQ+ artists celebrate federal judge ruling

Shortly after the anti-drag law passed, The Friends of George's, a Memphis-based LGBTQ+ theater company, filed a complaint. The group argued the law would negatively impact their work as they produce "drag-centric performances, comedy sketches, and plays" with no age restrictions.

As the federal judge sided with the group's challenge and now deemed it unconstitutional, it has never gone into effect.

Saturday, the theater group celebrated the ruling saying that it affirmed their first amendment rights as artists in a statement, per NBC. They continued, "This win represents a triumph over hate."

They added, "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."

Cover photo: Reuters/KEVIN WURM

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