Will the show go on? What to know about TN's drag restrictions as Pride Month looms
Angele LathamPreparations for Pride Month — a month-long celebration of LGBTQ-identifying people held nationwide each June — are in full swing across Tennessee, even as events face opposition and a new law sows confusion at city and county governments.
A number of bills targeting LGBTQ people passed during the most recent legislative session. Among them was legislation restricting drag performances, signed into law by Gov. Bill Lee in early March, that prohibits “male or female impersonators” on public property or in locations where they can be viewed by those under 18, if they are deemed "harmful to minors."
The bill has caused confusion and is temporarily on hold as a legal challenge makes its way through federal court.
After being signed into law, the legislation was quickly halted by a federal judge — leaving many wondering where the ban currently stands, and how it will affect Pride Month celebrations.
Where does the ban stand currently?
The bill was signed into law on March 2, and was set to go into effect on April 1. But just hours before the law was to be enacted, a federal judge in Memphis issued a temporary restraining order halting the law, calling it "unconstitutionally vague" and restrictive of free speech. Memphis-based LGBTQ theatre group Friends of George's filed the federal suit against the state.
U.S. District Court Judge Thomas Parker put the law temporarily on hold and said as written it is too vague, and leaves the door open for differing outcomes based a person's assessment of what is, and isn't, obscene.
"A law is unconstitutionally vague if individuals of 'common intelligence must necessarily guess at its meaning and differ as to its application,'" Parker wrote in the 15-page decision. “If Tennessee wishes to exercise its police power in restricting speech it considers obscene, it must do so within the constraints and framework of the United States Constitution.
“The Court finds that, as it stands, the record here suggests that when the legislature passed this Statute, it missed the mark.”
The temporary restraining order was set to expire on April 15, but was extended on April 5 to last until May 26.
The trial for the suit began on Monday, May 22, and stretched into Tuesday afternoon as Parker questioned the obscenity standards referenced by state attorneys.
Attorneys for the state of Tennessee argued in March that the law banning "male or female impersonators" was necessary to protect children from harm.
But the judge wanted further evidence that the ban, as written, served a purpose that is not already covered by the state's existing indecency laws. The state attorneys were unable to name a scenario that is not already legally prohibited by the indecency laws.
In closing arguments, the Tennessee's attorneys requested that, should the law be found unconstitutional, Parker should only apply that unconstitutionality to Shelby County, and not the rest of the state.
Read more about the trial:Attorneys finish arguments over Tennessee drag show ban, federal judge set to rule
Attorneys for Friends of George's said they had never heard of a law being labeled unconstitutional for a certain area, but not applying that to the rest of the state. Brice Timmons, an attorney for Friends of George's, said, "I've literally never heard an argument like that. That was unhinged. That was pretty bananas."
It is unclear when a ruling can be expected, but attorneys for Friends of George's and the state of Tennessee still have one more filing to send in, which is due by Friday — the day the extended restraining order expires.
What could the law restrict?
The bill, sponsored by Rep. Chris Todd, R-Madison County, stemmed in part from a local controversy surrounding a drag show in Jackson, Tennessee in late 2022,. The law defines "male or female impersonators" as "adult cabaret performers," then goes on to ban "adult-oriented performances that are harmful to minors," including adult cabaret, on public property or within sight of a minor.
Violation of the law carries a Class A misdemeanor on first offense and a Class E felony on second or subsequent offenses.
While the bill does not explicitly state the word "drag," it does define "male or female impersonators" as adult cabaret performers, which previous legal definitions of adult cabaret did not include — legally placing some drag performances in the same category as performances that are considered to be adult-oriented and harmful to minors.
Supporters of drag performances say the majority of drag is not sexual in nature but conservative lawmakers view all drag as inherently sexual no matter the content of the performance.
Will Pride events be affected?
The application of the law is at the root of the Memphis lawsuit.
Whether the law will be in effect by the beginning of Pride Month is dependent on the upcoming trial, but local Pride events, as well as county and city governments, are already bracing for changes in light of the confusion.
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"I cannot, based under state law, take that chance and that risk for our constituents again,” said Gabrielle Hanson, city alderman at-large, at a Feb. 28 work session. “I would like a cooling off of a year before I can grant this activity in any of our public spaces."
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After a lengthy and tense meeting, Franklin Mayor Ken Moore voted in favor of allowing the Franklin Pride festival, breaking the Franklin Board of Alderman’s 4-4 tie — but only after issuing a terse warning to Pride organizers.
"If you violate the trust we are placing in you right now,” he said, “then I will work as hard as I work every single day to make sure that event never happens in Franklin again.”
Despite the securing of permission from the City of Franklin, as the legal battle for the drag ban builds, more events are likely to be dragged into the crossfire of confusion. And as LGBTQ organizers carefully ramp up event preparations alongside the court fight, it's a race to the June finish line to see what Pride Month will look like this year and years to come.
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Have a story to tell? Reach Angele Latham by email at alatham@gannett.com, by phone at 731-343-5212, or follow her on Twitter at @angele_latham