A federal appeals court reversed a lower court ruling and dismissed a lawsuit challenging a Tennessee law that placed strict limits on drag shows. The court ruled that the LGBTQ+ theater company that filed the complaint did not have the legal right to sue over the law. The law, passed by Tennessee’s Republican-dominated Legislature, banned adult cabaret performances on public property or in the presence of minors, with performers facing misdemeanor or felony charges for violations. The court stressed that the law’s definition of “harmful to minors” requires specific criteria to be met in order to prosecute.
The ruling highlighted that the LGBTQ+ theater company, Friends of George’s, did not meet the definition of “harmful to minors” as their performances were deemed to have artistic value for teenagers. The court found that the law was constitutional under Tennessee’s standards and that the state has the right to prohibit the exhibition of obscene material to children.
The law had faced scrutiny and debate over its enforcement, with concerns raised by Democrats and the LGBTQ+ community that it could lead to discriminatory targeting. Despite a previous ruling that the law was “substantially overbroad,” it only applied to a specific county in Tennessee. Furthermore, the state has enacted several anti-LGBTQ laws in recent years, leading to criticism from advocacy groups. Tennessee has become known for passing laws that target transgender people and the LGBTQ community, with over 20 bills advancing through the Legislature this year alone.
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