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Tennessee Drag Show Ban Upheld by Supreme Court
Tennessee’s legislation prohibiting drag performances in the presence of minors will continue to be enforced, as the Supreme Court recently decided not to review a challenge against the law from a drag performance organization. This outcome has been celebrated by Tennessee’s Republican Attorney General, who referred to it as “another big win for Tennessee.”
The Adult Entertainment Act, enacted in 2023, forbids “adult-oriented performances” in public venues, particularly where they might be viewed by children.
“While free speech is a fundamental element of American society, the First Amendment doesn’t compel Tennessee to permit sexually explicit performances in front of minors,” stated Attorney General Jonathan Skrmetti on social media. “We remain committed to defending Tennessee’s law and protecting its children.”
Background on Legal Challenges
A federal judge previously ruled that the law, aimed specifically at drag shows, was “unconstitutionally vague and substantially overbroad,” which led to a temporary halt in its enforcement. However, in July, the 6th U.S. Circuit Court of Appeals overturned this ruling, determining that the Memphis-based theater company, Friends of George’s Inc., did not have the standing to contest the law.
In addition to this case, a separate lawsuit filed by the American Civil Liberties Union (ACLU) is currently ongoing. This case is on behalf of Blount County Pride, an LGBTQ+ advocacy group, which arose after the former Attorney General warned against potential prosecutions for violating the ban during the 2023 pride festival.
Attempts to obtain comments from Friends of George’s Inc. and the ACLU went unanswered by the time of publication.
Potential Consequences for Non-compliance
Those who fail to comply with the Adult Entertainment Act risk facing a Class A misdemeanor for a first offense, while subsequent violations could escalate to a Class E felony. Offenders could potentially incur hefty fines and face prison sentences ranging from 11 months to six years.
Senate Majority Leader Jack Johnson, one of the law’s original sponsors, praised the Supreme Court’s decision, asserting that it serves to protect children in Tennessee from exposure to sexually explicit content. “I’m proud that the United States Supreme Court has upheld yet another Tennessee law protecting our children. SB 3 ensures that Tennessee children are not exposed to sexually explicit entertainment,” he remarked in an online post.
Supreme Court’s Future Considerations
The Supreme Court is also reviewing a different case put forth by the ACLU, which contests a Tennessee law that bars transgender medical treatments for minors. This case probes whether the 14th Amendment’s equal protection clause—designed to ensure equal treatment under the law—prevents states from prohibiting medical providers from dispensing puberty blockers and hormone therapies to children seeking gender-affirming procedures.
In an interview with Fox News Digital, Attorney General Skrmetti shared a cautiously optimistic outlook regarding the court’s decisions on these matters. He noted, “It seems like the momentum has really shifted almost culturally on these issues. And when you see efforts to alter laws through unconventional judicial rulings, it can alienate people from the legal framework that governs them. That’s detrimental to our country.”
The Supreme Court is anticipated to render its decision on the transgender medical treatment case by June, marking a significant moment in the ongoing discourse surrounding LGBTQ+ rights and legislative measures in the U.S.
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