Tennessee Drag Ban Is Back On, We Lose

Tennessee Drag Ban Is Back On, We Lose

What a weird week it has been politically wise. With all the headline-grabbing ridiculosity this week, Tennessee reinstated its law banning public space performances by drag queens. The drag ban is back again and is here to stay. It was previously shut down due to a lower court's finding that the ban was unconstitutional. The Sixth Circuit Court of Appeals found that the ban, filed under the Adult Entertainment Act, ruled that the ban challenge had no standing.

The ban was challenged in the courts by a theatre group based in Memphis, known for their drag shows, claiming that the ban violated First Amendment rights. Under the ban, drag is considered adult cabaret entertainment and is lumped in with topless performers, go-gos, and strippers and should be not in any public area in the chance that it may be witnessed by a minor. The judge who has upheld the ban was appointed by Trump.

Republican lawmakers have focused on the presence of drag queens during Pride events, which, as we know, can often also feature scantily clad attendees and some outward signs of affection (or more), all of this is considered threatening to youth.

The fight for the drag community is focusing on drag performances as art and as a right of human expression. What is art? That is the question. Who determines what is art and what is adult content? Ban opposer Judge Andre B. Mathis (appointed by Obama) states,  “The AEA imposes a content-based restriction on speech that cannot withstand strict scrutiny. It therefore violates the First Amendment.” He further points out that this could start a domino effect where art and culture are restricted and will spread to other states. Attorneys representing the theatre group who took the ban to court are not giving up, saying it is about LGBTQ rights, not just drag in general.

There was some controversy when the ban was first signed into action last year by Tennessee GOP Governor Bill Lee, who signed the bill literally hours after the Senate passed it. Pictures surfaced of Lee doing drag in high school. He stated that his dressing up for school spirit shouldn't be put on the same level as sexualizing minors.

WATCH: “Do you remember dressing in drag in 1977? Is it only illegal when gay people do it?” @GovBillLee didn’t appreciate that we printed out the FRANKLIN HIGH YEARBOOK PHOTO — but did not deny it’s him. Meanwhile he’s about to make drag a felony by signing an absurd law. pic.twitter.com/C7YQcQyis3

— The Tennessee Holler (@TheTNHoller) February 27, 2023

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