[ad_1]
NASHVILLE, June 3 (AP) — A federal judge said Tennessee’s first law aimed at severely restricting drag shows is unconstitutional.
In a 70-page ruling delivered late Friday night, U.S. District Judge Thomas Parker wrote that the law was “unconstitutional and overly broad.”
He also added that the statute encourages “discriminatory enforcement”.
“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,” said Parker, who was appointed by former President Donald Trump .
“In short, the Supreme Court has no majority that explicit — but not obscene — speech is less protected than political, artistic, or scientific speech.”
Memphis-based Friends of George filed the lawsuit in March, saying the law would negatively affect them because they produce “drag-centric shows, comedy sketches and plays” with no age restrictions.
Initially, the complaint named Republican Gov. Bill Lee, Attorney General Jonathan Skelmety and Shelby County District Attorney Steven Mulroy as defendants, but the plaintiffs later agreed to fire the governor and top legal chief — Though Skelmeti continued to represent Mulroy in the case.
Spokespeople for neither Skrmetti nor Mulroy immediately responded to requests for comment on Parker’s ruling.
Tennessee’s Republican-dominated legislature moved forward with anti-drag laws earlier this year, with several Republican members citing drag shows in their home state as the reason such shows must be limited to public places or where children can watch them.
However, the actual word “drag” does not appear in the statute. Instead, lawmakers changed Tennessee’s definition of adult cabaret to “adult-oriented performances that are harmful to minors.”
Additionally, “male or female impersonators” are classified as a form of adult cabaret, similar to strippers and topless, casual dancers and exotic dancers.
The law would prohibit adult cabaret performances in public places or anywhere where minors may be present.
Performers who break the law may be charged with a misdemeanor or felony for a repeat offence.
Lee quickly signed the statute, which was supposed to go into effect April 1. To date, however, the law has never been enforced, as Parker sided with organizations that filed a lawsuit in March challenging the statute and temporarily blocked it.
The word “drag” never appears in the text (of the law). But the court could not escape drag ‘is a common thread in all three examples of specific conduct deemed harmful to minors,’ in the legislative record,” Parker wrote.
Parker cited the example that a female performer who wears an Elvis costume and impersonates the iconic musician could risk being punished under cross-dressing laws because they would be considered “male impersonators.”
Republican state Rep. Kris Todd and Republican Sen. Ed Jackson helped lead an effort last year to stop a drag show at a park in Jackson, west of Nashville, as part of Pride, according to the complaint. Todd later confirmed that he had not seen the show, but still took legal action to stop it.
Organizers eventually settled and held the event indoors with age restrictions.
That incident, and other Republican lawmakers opposed to drag shows in their hometown, was used by Parker as an example that anti-drag laws “are designed to create potential barriers to drag shows — regardless of their potential harm to minors.”
“Whether some of us like it or not, the Supreme Court has interpreted the First Amendment to protect speech that is indecent but not obscene,” the justices wrote.
Tennessee’s cross-dressing law is the second major proposal for LGBTQ+ people passed by state lawmakers this year.
Lee signed Republican-backed legislation banning most gender-affirming care that is being challenged in court. (Associated Press)
(This is an unedited and auto-generated story from a Syndicated News feed, the body of content may not have been modified or edited by LatestLY staff)
share now
[ad_2]
Source link