Federal judge tosses Tennessee’s controversial anti-drag law, declares it unconstitutional

In a significant win for LGBTQ advocates, a federal judge has tossed out Tennessee’s controversial law restricting drag performances, after hearings in which the law’s necessity and broad language were questioned.

Judge Thomas Parker issued his ruling just after midnight Friday, writing 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.”

The bill restricting “male and female impersonators” from performing in public spaces was signed into law by Gov. Bill Lee at the start of March. The bill was one of several to come out of the 2023 legislative session that was said to target LGBTQ Tennesseans.

By late March, a Memphis-based theater group, Friends of George’s, filed suit against the state. The group wrote on its website in March the bill, imperils the lives of “drag performers and seeks to oppress queer culture state-wide.”

“This win represents a triumph over hate,” Friends of George’s in a statement Saturday. “Our first amendment rights were affirmed today as drag artists and makers of theatre. 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.”

Defense attorneys for the state focused on why the law was necessary to protect any minors who may be exposed to indecency. But, Parker questioned the necessity of the bill, noting Tennessee already had thorough laws on the books that banned obscenity.

Initially, the lawsuit named Tennessee Gov. Bill Lee, State Attorney General Jonathan Skrmetti and Shelby County District Attorney General Steve Mulroy in his capacity as the ban’s enforcer in Shelby County.

Both Lee and Skrmetti’s names were removed from the lawsuit, but that doesn’t mean the ruling won’t impact the rest of the state. Because the state’s attorney general cannot enforce the law in Shelby County, any subsequent attempts to enforce the ban in other parts of the state would likely be immediately and successfully challenged in court, attorneys said.

On Saturday Skrmetti indicated via a statement that he planned to appeal, and that he still considers the law to be in effect throughout the state’s other 94 counties despite it being ruled unconstitutional.