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Federal Appeals Court Ends Lawsuit on Tennessee Drag Performance Restrictions

 July 19, 2024

In a significant legal decision, a federal appeals court has dismissed a challenge against stringent drag show restrictions in Tennessee.

In an outcome cheered by conservatives, the court ruled that a Memphis-based LGBTQ+ theater company lacked the standing to sue over the state's law, which was previously declared unconstitutional in part by a lower court, as Newsmax reports.

The controversy began with Tennessee's legislation that imposed severe limitations on drag shows by redefining adult cabaret. This law specifically included "male or female impersonators" among performances deemed harmful to minors.

Following the enactment of the law, Friends of George's, a Memphis-based LGBTQ+ theater company known for its drag-centric shows, filed a lawsuit challenging the constitutionality of the restrictions. The company argued that the law would adversely impact their performances, which include comedy sketches and plays without age restrictions, suggesting a potential violation of their artistic expression.

Lower Court Initially Blocks Law in Local Area

Initially, a lower court found the law "substantially overbroad" and susceptible to "discriminatory enforcement," leading to its partial blockage in Shelby County, Tennessee. This decision temporarily halted the enforcement of the law within the county's limits.

However, the broader application of the law continued, leading to enforcement actions in other parts of Tennessee, notably in eastern regions of the state. These actions prompted further legal challenges and a temporary restraining order. The subsequent appeal brought the case to the 6th U.S. Circuit Court of Appeals, which revisited the arguments surrounding the law's impact and the standing of Friends of George's to sue.

Appeals Court Decision Limits Challenge

In its ruling, the 6th U.S. Circuit Court noted that Friends of George's did not meet the necessary legal standing because their shows were not directly impacted by the law's definition of "harmful to minors."

The court elaborated that the theater company's own testimony confirmed that their performances were appropriate for minors and possessed artistic value, thereby failing to demonstrate any contravention of the legal definition of adult cabaret harmful to minors. This decision effectively dismissed the lawsuit, upholding the law's enforcement outside of Shelby County, despite the initial ruling against it.

Tennessee's Stance on LGBTQ+ Issues Under Scrutiny

This legal development occurs within a broader context of Tennessee's legislative actions concerning the LGBTQ+ community. The state, under a Republican supermajority, has enacted numerous laws that have been criticized by advocates like the Human Rights Campaign for targeting LGBTQ+ rights.

The Human Rights Campaign has specifically identified Tennessee as having passed the most anti-LGBTQ+ legislation since 2015, highlighting a statewide effort to legislate on matters affecting this community.

With the federal appeals court's decision, the restrictions on drag shows are set to continue, barring any further legal developments or challenges.

Community and Legal Scholars React to Ruling

Legal experts and community leaders have expressed mixed reactions to the ruling. While some see it as a necessary enforcement of existing laws, others view it as a setback for freedom of expression and LGBTQ+ rights.

The implications of the court's decision extend beyond the immediate legal battle, potentially influencing future artistic and cultural expressions within Tennessee and possibly other states considering similar legislation.

As it stands, performers and productions that fall under the revised definition of adult cabaret in Tennessee must navigate the legal landscape carefully to avoid misdemeanor or felony charges under the law.

Looking Ahead: Potential for Further Legal Challenges

Despite the appeals court's ruling, the door remains open for future challenges. Legal strategies may evolve as parties affected by the law seek new grounds or different approaches to challenge its constitutionality on broader terms.

For Friends of George's and similar entities, the recent legal setback represents a pivotal moment to reassess and possibly refine their approach to defending their artistic practices within the framework of state law.

The ongoing legal discourse around Tennessee's drag show law serves as a significant case study in balancing state interests with individual rights and artistic freedom.

Conclusion: A Continued Debate Over Artistic and Civil Rights

In conclusion, the dismissal of the lawsuit by the federal appeals court marks a significant moment in the ongoing debate over artistic and civil rights in Tennessee.

This case highlights the complexities of law enforcement that targets specific forms of expression and its impact on the LGBTQ+ community.

As Tennessee continues to enforce this law, the responses from legal and community circles will likely shape the contours of cultural and legal landscapes in the state and beyond.