A federal judge has ruled that Tennessee’s first-of-its-kind law restricting drag is unconstitutional. Judge Thomas Parker sided with the plaintiffs in the case, an LGBTQ theater company based in Memphis. Friends of George’s brought the case against the state in late March, arguing that it violated their First Amendment rights and that the law’s vague language left them in a legal gray area.
The plaintiffs’ attorney, Melissa Stewart, says that the law could’ve opened the door for officers to arrest drag queens for ideological reasons.
“Maybe the judge is never going to let that case go to trial. The harm is already done,” Stewart says. “I mean, you put anyone in Shelby County jail in full drag, and I am not going to guarantee that they come out alive.”
Judge Parker agreed, writing that the Adult Entertainment Act “encourages discriminatory enforcement.”
The AEA never mentions drag, instead referring to performers as “male or female impersonators.” The judge notes that in a transcript from the legislature, “drag” is referenced 29 times, while “male or female impersonators” is said 11 times. Parker writes that “the Tennessee General Assembly carelessly, if not intentionally, passed the AEA for the inappropriate purpose of chilling constitutionally-protected speech.”
The ruling grants injunctive relief to Shelby County only. That’s because Gov. Bill Lee and state Attorney General Jonathan Skrmetti were removed as defendants in the case, leaving Shelby County District Attorney Steven Mulroy as the sole defendant.
However, because Judge Parker ruled that the law is unconstitutional, it applies statewide.
Correction: A previous version of this story stated that the ruling only applies to Shelby County. While the injunctive relief only applies to Shelby County, the judge granted declaratory relief statewide when he ruled the law unconstitutional.
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