Nashville, TN — The a controversial Tennessee law that imposes limitations on drag performances will remain effective following a federal appeals court decision on Thursday. This ruling comes after the 6th U.S. Circuit Court of Appeals dismissed a lawsuit that challenged the law, reversing a lower court’s previous judgment that had temporarily blocked the statute on grounds of constitutional free expression rights.
The court concluded that the Memphis-based LGBTQ+ theater group Friends of George’s, which initiated the legal challenge last year, does not have the standing to sue. The group had argued that the law, described in broad terms, would severely impact their ability to perform, particularly given their drag-centric performances.
The appeals court contended that the statute was sufficiently specific. It found that the phrase “harmful to minors” holds clear meaning, thereby addressing the non-specificity issues raised by Friends of George’s. The court noted, “The group hasn’t argued that its performances are unsuitable for teens, and indeed acknowledges their appropriateness for audiences including 15-year-olds.”
In response to the ruling, Friends of George’s expressed disappointment, voicing concerns through a social media post that the decision leaves the LGBTQ+ community in a state of uncertainty about how enforcement of the law will proceed. The group criticized the law as being “rooted in hate” and contrary to the will of most Tennesseans.
Tennessee Attorney General Jonathan Skrmetti applauded the court’s decision, arguing that the Adult Entertainment Act has been misrepresented. He asserted, “Tennessee cherishes free expression and houses numerous world-class artists, but the state’s obligation includes the prohibition of explicitly inappropriate material accessible to children.”
This decision followed significant debate in the Tennessee legislature, where the law had strong support from the Republican majority but met vocal opposition from Democrats. Tennessee Rep. Aftyn Behn, D-Nashville, a staunch advocate for LGBTQ+ rights, condemned the ruling. Behn argued that the law not only contradicts principles of minimal government interference but targets drag performers based on misguided claims of protecting minors.
Further controversy had been stirred last June when Federal Judge Thomas Parker of the Western District of Tennessee sided with Friends of George’s, critiquing the law for its potential to chill protected forms of speech under the guise of public welfare. Parker emphasized the vagueness of the law’s language, making it particularly difficult for performers to determine the legality of their acts.
The panel ruling on this case included Senior United States Circuit Court Judge Eugene Siler and Circuit Court Judge John Nalbandian, who supported the law’s constitutionality. However, their colleague, Circuit Court Judge Andre Mathis dissented, endorsing Parker’s lower court opinion and labeling the law an “unconstitutional content-based restriction on speech.”
The ruling has spotlighted ongoing debates surrounding artistic freedom and LGBTQ+ rights, particularly in predominantly conservative states. Critics argue that such legislation is part of a broader cultural dispute over visibility and rights for marginalized communities, while supporters insist on the necessity of regulations to protect minors from potentially harmful content. The future enforcement and interpretation of Tennessee’s Adult Entertainment Act remain to be seen, with potential for further legal actions and continued public discourse.