Thomas Parker, a U.S. District Judge, said in his ruling, late Friday, that the Tennessee’s first-in-the-nation law, that banned cabaret performances in a public place or anywhere that children could be present, was "overly broad," encouraged "discriminatory enforcement," and violated the First Amendment rights of the performers.
According to the ruling late Friday by Parker, he stated that -
“There is no question that obscenity is not protected by the First Amendment. But there is a difference between material that is ‘obscene’ in the vernacular, and material that is ‘obscene’ under the law,” Parker said….“Simply put, no majority of the Supreme Court has held that sexually explicit, but not obscene, speech receives less protection than political, artistic, or scientific speech,”
-Thomas Parker, U.S. District Judge
The law, set to go into effect in April, would have banned adult cabaret performances from public property or anywhere minors might be present. Those performers who broke the law, risked being charged with a misdemeanor or a felony for a repeat offense.
A Memphis-based LGBTQ+ theater company, Friends of George’s, had filed a complaint in March, saying the law would negatively impact them because they produce “drag-centric performances, comedy sketches, and plays” with no age restrictions. The theater company said in a statement Saturday, that the ruling affirmed their First Amendment rights as artists. The group said-
“This win represents a triumph over hate,” …“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,”
- Friends of George’s, a Memphis-based LGBTQ+ Theater Company
Senate Majority Leader Jack Johnson, a Republican who was one of the law’s main sponsors, said he was disappointed with the ruling. Johnson reportedly said-
“Sadly, this ruling is a victory for those who support exposing children to sexual entertainment,” Johnson said, adding that he hoped the state’s attorney general will appeal the “perplexing ruling.”
- Senate Majority Leader Jack Johnson (R)
Earlier this year, Tennessee’s Republican dominated Legislature, advanced the anti-drag law, with several GOP members pointing to drag performances in their hometowns, as the rationale for why it was necessary to restrict such performances from taking place in public, or where children could view them. Curiously, however, the actual word “drag” doesn’t appear in the statute.
Lawmakers, instead had changed the state’s definition of adult cabaret to mean “adult-oriented performances that are harmful to minors.” Furthermore, “male or female impersonators” were then classified as a form of adult cabaret, reportedly akin to strippers or topless dancers.
Gov. Bill Lee then signed the law, which was to go into effect on April 1. To date it has not been enforced, because Judge Parker temporarily blocked it in March after the lawsuit was filed. Parker also cited how the law’s sponsor, Republican state Rep. Chris Todd, had previously helped lead an effort to block a drag show in his district before introducing the drag ban proposal. Todd later confirmed that he hadn’t seen the performance, but had pursued legal action to stop the show and the event was held indoors with an age restriction.
In his ruling, Parker wrote that, this incident was among the several reasons to believe that the anti-drag law was-
“geared towards placing prospective blocks on drag shows regardless of their potential harm to minors,”
--Thomas Parker, U.S. District Judge
Marking the second major proposal targeting LGBTQ+ people law, passed by Tennessee lawmakers this year, the drag performance law follows on the heels of the GOP-backed legislation, banning most gender-affirming care, which is presently being challenged in court.
The challenge to these performance prohibiting laws, regarding cabaret’s as written in the Tennessee law, is a sort of litmus test for conservative Republicans. It provides legislators with information, to now write legislation that defines more accurately how best to write these bills. A setback of sorts perhaps but not the end of the matter to be sure.
If protecting children from this exposure, is the objective or stopping these performing companies from desensitizing children to this lifestyle choice is their goal, legislators now have Parkers court objections to go by. Though it seems to forestall their intent, it does clearly pave a way for legislators in Tennessee or elsewhere in the nation, to address the challenges seen in writing or re-writing their legislation.
Though it will take time, it redefines a path to meet the original objective – sparing the minds of children from exposure to sexually based entertainment.
“The greatest legacy one can pass on to one’s children and grandchildren is not money or other material things accumulated in one’s life, but rather a legacy of character and faith.”
-Billy Graham