Court Dismisses Lawsuit Against Drag Show Ban

This blog originally appeared at AP News.

The Associated Press
NASHVILLE, Tenn. — On Thursday, a federal appeals court dismissed a lawsuit challenging a pioneering Tennessee law that imposes strict restrictions on drag shows. This decision overturned a previous lower court ruling that had found the statute unconstitutional and had partially blocked its enforcement.

The 6th U.S. Circuit Court of Appeals determined that Friends of George’s, a Memphis-based LGBTQ+ theater company that filed the lawsuit, did not have the legal standing to challenge the law.

Friends of George’s had argued that the law would adversely impact their productions, which include “drag-centric performances, comedy sketches, and plays” without age restrictions. However, the appeals court concluded that Friends of George’s was not at risk of breaching the 2023 law because their performances were not deemed “harmful to minors.”

The law, passed last year with backing from the Republican-controlled Tennessee Legislature and Governor Bill Lee, does not explicitly mention “drag.” Instead, it redefines adult cabaret to include “adult-oriented performances that are harmful to minors,” categorizing “male or female impersonators” alongside strippers and topless dancers.

The justices noted that the Tennessee Supreme Court had narrowly defined what constitutes “harmful to a minor” as material lacking “serious literary, artistic, political, or scientific value for a reasonable 17-year-old.”

“FOG has not alleged that its performances lack serious value for a 17-year-old. In fact, it asserts the opposite. A member of FOG’s board admitted that its shows ‘are definitely appropriate’ for a 15-year-old and would ‘absolutely’ have artistic value for a 17-year-old,” the ruling stated.

Friends of George’s has not yet responded to requests for comment on the decision.