A federal judge in Tennessee has temporarily blocked a law that would have restricted drag performances in front of children from going into effect. The ruling came just hours before the new law was set to be implemented.
The Tennessee drag law marks the second major proposal targeting LGBTQ+ people passed by state lawmakers this year, and Republican Gov. Bill Lee has faced criticism for approving the anti-drag show law, particularly since a photo surfaced of him as a high school senior dressed in women's clothing in 1977.
According to reports, Judge Thomas Parker cited the legislation as "vague and overly-broad" in its restriction of speech, and that it would protect children from potentially being exposed to "sexualized entertainment" or "obscenity." The debate about drag shows in Tennessee has largely centered on whether drag is inherently sexually explicit.
Performers and civil rights groups have criticized the proposed restrictions, arguing that such regulations are unconstitutional, redundant under existing obscenity laws, and would lead to more harassment and violence against LGBTQ+ people.
Memphis-based Friends of George's - an LGBTQ+ theater company - filed a federal lawsuit against Shelby County District Attorney Steve Mulroy and the state earlier this week. The group claimed that the new law violates First Amendment protections for freedom of speech by explicitly restricting or chilling speech based on its content, message or messenger.
Judge Parker agreed with Friends of George's claims stating that “the State failed to make a compelling argument” as to why it needed such restrictions on drag performances. He also added that he believes the statute is likely vague and overly broad.
Under the new legislation violators may be subject to misdemeanor charges carrying fines up to $2,500 along with one year imprisonment while repeat offenders could receive felony charges carrying prison time between one-to-six years with fines up to $3,000.
This ruling comes at a crucial point as the state recently passed another law targeting LGBTQ+ people. It remains to be seen whether the temporary block will turn into a permanent one, or if lawmakers will attempt to modify the legislation in response.