Tennessee Pride urges protections after threats linked to drag law
Tennessee Pride demands legal protections following threats tied to drag show enforcement.
Why it matters: This matters for legal professionals tracking free speech, artistic expression, and how state laws regulate drag performances amid evolving court rulings.
- Tennessee's Adult Entertainment Act (AEA), signed March 2023, criminalizes certain drag performances accessible to minors.
- June 2023, a federal judge ruled the AEA unconstitutional due to vagueness and overbreadth.
- July 2024, the Sixth Circuit Court reinstated the AEA by reversing the lower court's decision on standing.
- Blount County DA threatened enforcement against Pride event organizers in 2023, leading to a legal challenge and protections for performers.
In March 2023, Tennessee Governor Bill Lee signed the Adult Entertainment Act (AEA), criminalizing 'adult cabaret performances,' which explicitly includes acts by 'male or female impersonators' if performed on public property or where minors have access. This law sparked immediate legal challenges, citing First Amendment concerns and vagueness.
On June 4, 2023, U.S. District Judge Thomas Parker ruled the law unconstitutional, emphasizing overbreadth and unclear definitions that threatened protected artistic expression. Judge Parker explained, "There is no question that obscenity is not protected by the First Amendment. But there is a difference between material that is 'obscene' in the vernacular, and material that is 'obscene' under the law." (CBS News)
However, on July 18, 2024, the Sixth Circuit Court of Appeals reversed that decision, ruling that the plaintiffs lacked standing to challenge the AEA, thereby reinstating the law without addressing its constitutional merits. Tennessee Attorney General Jonathan Skrmetti praised the ruling, stating Tennessee can "absolutely prohibit the exhibition of obscene material to children." (Pollstar News)
This legal uncertainty coincides with reports of threats made against drag performers and Pride event organizers. In August 2023, Blount County District Attorney Ryan Desmond warned Blount Pride organizers of enforcement actions related to the AEA for their planned September event. Organizers obtained a temporary restraining order against the DA to proceed legally. (ACLU Tennessee)
The American Civil Liberties Union of Tennessee continues to provide guidance and legal support for affected performers and organizers, emphasizing the need for clear protections amidst inconsistent enforcement. Tennessee Pride groups are now calling for stronger measures to safeguard performers from threats and legal ambiguity related to this law. (ACLU FAQ)
By the numbers:
- March 2, 2023 — AEA signed into law by Tennessee Governor Bill Lee
- June 4, 2023 — Federal judge ruled the AEA unconstitutional
- July 18, 2024 — Sixth Circuit reinstated the AEA
- August 2023 — Warning issued to Blount Pride organizers leading to legal action
Yes, but: The Sixth Circuit ruling restored the AEA on procedural grounds without addressing whether it violates free speech rights, leaving constitutional questions unresolved.
What's next: Legal experts and Tennessee Pride groups await potential further litigation or legislative action clarifying the law's scope and protections for artistic performers.