U.S. District Judge Thomas Parker ruled that the April ruling violated drag performers’ First Amendment rights.
Late Friday, a federal judge declared a Tennessee drag show ban “unconstitutionally vague.”
U.S. District Judge Thomas Parker ruled that the first-in-the-nation regulation banning cabaret performances in public or where minors were present was “overly broad,” encouraged “discriminatory enforcement,” and violated performers’ First Amendment rights.
“There is no dispute that the First Amendment does not shield profanity. “But there is a difference between material that is ‘obscene’ in ordinary English and stuff that is ‘obscene’ under the law,” Parker stated in his ruling.
He said, “Put simply, no majority of the Supreme Court has ever said that sexually explicit but not obscene speech is less protected than speech that is political, artistic, or scientific.”
Friends of George’s, a theater for LGBTQ people, fought over the law, which it said would hurt its business because it focuses on “drag-centric performances, comedy sketches, and plays” that anyone can see.
The group said on Saturday that the ruling was a “victory over hate.”
Friends of George’s said, “Like the many battles the LGBTQ+ community has fought over the last few decades, our success as a whole depends on everyone speaking out and taking a stand against bigotry.”
Senate Majority Leader Jack Johnson, who helped write the bill, said the judge’s ruling was “confusing” and hoped the attorney general would appeal it.
“Unfortunately, this ruling is a win for people who think it’s okay to show kids sexual entertainment,” said Johnson.
Parker, a Trump-appointed judge, claimed a woman who dressed like Elvis for a show could be a “male impersonator” and break the law.
Republican lawmakers said drag shows in their communities inspired the law, even though “drag” isn’t in it.
State lawmakers redefined adult cabaret as “adult-oriented performances that are harmful to minors.” “Male or female impersonators” are now adult cabaret acts like strippers.
Gov. Bill Lee signed the law on April 1, but Parker temporarily stopped it in March after the lawsuit.
