A federal judge in Tennessee has struck down the state’s recent anti-drag law, saying the first-in-the-nation legislation is an unconstitutional violation of the First Amendment.
In a ruling handed out late Friday night, U.S. District Judge Thomas L. Parker, an appointee of former President Donald Trump, said the law — which would severely restrict drag performances and threaten violators with felony criminal penalties — was “unconstitutionally vague and substantially overbroad.”
The ban would prohibit “adult-oriented performances” from being held on public property and restrict who could see them. It would also redefine “male or female impersonators” as adult cabaret performers — similar to topless dancers and strippers — even when drag performers are fully clothed and reading stories for kids in public libraries.
Violation of the law could lead to misdemeanor charges, fines and jail time. Repeating the offense could lead to a felony charge.
The ban was signed into law by Republican Gov. Bill Lee in March as one of several pieces of legislation restricting the rights of the LGBTQ community — particularly transgender youth — in the state.
Hours before the ban was set to take effect on April 1, a Memphis-based LGBTQ theater group, Friends of George’s, filed a lawsuit asking the court to prevent “this unconstitutional statute from taking effect.”
In response, Judge Parker issued an immediate temporary restraining order, saying the state failed to make a compelling argument as to why the new law is needed.
On Friday, Parker wrote in his 70-page ruling that the law violates rights to free speech as guaranteed by the Constitution.
“The Tennessee General Assembly can certainly use its mandate to pass laws that their communities demand, but that mandate as to speech is limited by the First Amendment to the United States Constitution, which commands that laws infringing on the Freedom of Speech must be narrow and well-defined,” he wrote. “The [law] is neither.”
In a statement shared with the Us.Mistertruth on Saturday, Friends of George’s said the ruling “represents a triumph over hate. Our First Amendment rights were affirmed today as drag artists and makers of theater.”
“As the onslaught of hatred against the LGBTQ+ community continues around the country through the passage of anti-trans, homophobic, and draconian laws that seek to silence expression and identity, we will remain vocal and vigilant,” the group added. “Friends of George’s will keep making campy theatre, will keep raising money for charitable causes, and will keep advocating for the inclusivity and visibility of the queer community at large.”
The ruling — handed out at the start of Mid-South Pride weekend in Memphis — was also celebrated by national LGBTQ advocacy groups.
Sarah Kate Ellis, president and CEO of GLAAD, told The News in an email that the rejection of the ban represents a “turning point” for the community, whose rights have been under relentless attack from extreme politicians.
“Every anti-LGBTQ elected official is on notice that these baseless laws will not stand and that our constitutional freedom of speech and expression protects everyone and propels our culture forward,” she said.