A federal judge on Friday temporarily blocked a Tennessee law that would severely restrict public drag shows, just hours before it was set to take effect.
The legislation prohibits “adult-oriented performances” to be held on public property or restricts who can see them, and it redefines “male or female impersonators” as adult cabaret performers — such as topless dancers, go-go dancers, exotic dancers and strippers — even when drag performers are fully clothed and reading stories for kids in public libraries.
The bill was signed into law by Gov. Bill Lee early last month as part of a push by Republican lawmakers in conservative states to restrict the rights of the LGBTQ community.
Earlier this week, a Memphis-based LGBTQ theater group, Friends of George’s, filed a lawsuit against Shelby County District Attorney Steve Mulroy and the state.
On Friday, U.S. District Judge Thomas Parker issued a temporary injunction, saying the state failed to make a compelling argument as to why the new law is needed in Tennessee.
Parker noted the court agrees the statute is likely vague.
“The law prohibits a drag performer wearing a crop top and mini skirt from dancing where minors might see it, but does not prohibit a Tennessee Titans cheerleader wearing an identical outfit from performing the exact same dance in front of children,” the complaint states.
The judge also sided with the group relating to concerns the law might be overly broad.
“If Tennessee wishes to exercise its police power in restricting speech it considers obscene, it must do so within the constraints and framework of the United States Constitution,” Parker wrote.
Lee, who also signed a total ban on gender-affirming care for trans youth last month, was widely criticized for announcing his support for the anti-drag legislation just days after an old photograph showing him wearing women’s clothes resurfaced online.
According to a post on Reddit, the photo is from a 1977 yearbook.
When asked by reporters to comment on the picture, the governor didn’t deny it but said they were “conflating something like that to sexualized entertainment in front of children, which is a very serious subject.”