The 6th U.S. Circuit Court of Appeals on Thursday upheld a Tennessee law that bans sexually explicit adult performances, including some drag shows, in public places where minors are present.
The Tennessee Adult Entertainment Act (AEA), passed in 2023, prohibits topless dancers, go-go dancers, exotic dancers, strippers and male or female impersonators from performing in public or in front of minors. according to The Memphis-based theater group Friends of Georges (FOG) disagrees with the appeals court's decision. Ridiculous Drag show organizers challenged the AEA, arguing that it was unconstitutional.
The AEA prohibits performances deemed “harmful to minors.”(Related: BBC removes pedophile drag queen history from sting report)
The appeals court dismissed FOG's lawsuit, finding that the LGBTQ+-themed theater lacked standing to sue because it had not been charged under the law and did not intend to present sexually explicit shows for children, but the court noted that the AEA was consistent with the First Amendment and other case law.
“There is no constitutional interest in exposing obscene material to minors,” the ruling said. “Supreme Court First Amendment precedent recognizes that there are limits to a speaker's absolute interest in reaching an unlimited audience when the speech is sexually explicit and the audience is likely to include children.”
A child listens to drag queen Bridget Bandit read a story during Drag Time Story Hour at fashion accessories store The Little Gay Shop in Austin, Texas. (Photo by Brandon Bell/Getty Images)
According to the ruling, when it sued Shelby County District Attorney Steven Mulroy in March 2023, the district court initially ruled in favor of FOG and permanently barred him from enforcing the law in his jurisdiction. Mulroy appealed the case, and the appeals court upheld a ruling that the state's attorney general praised in a statement this week.
“As a state filled with world-class artists and musicians, Tennessee respects the right to free expression,” said Tennessee Attorney General Jonathan Scurmetti. press release“But as the Court noted, Tennessee's 'harmful to minors' standard is constitutionally sound, and Tennessee can absolutely ban the display of obscene material to children. The Court of Appeals focused on what the statute actually says and ordered the case dismissed.”
FOG sells tickets to its shows to both adults and minors, court documents state. While the shows themselves do not contain sexual acts, they do contain depictions and depictions of sexual activity.
“Friends of George is shocked and disappointed by the 6th Circuit Court's decision,” a spokesperson for the group told the Daily Caller News Foundation. “Instead of debating the constitutionality of Tennessee's drug ban, this decision leaves us and thousands of others in the LGBTQ+ community in dangerous limbo, with no clear answers about how this ban will be enforced or by whom. The only thing that is clear about this law is that it is firmly rooted in hate and goes against the will of the vast majority of Tennesseans.”
FOG told the DCNF it vows to continue fighting against what it calls “bigoted anti-trans legislation.”
While Tennessee maintains its drag limits, other states, such as Florida, Ridiculous Ban on drag shows for minors: In 2023, the Supreme Court refused to reinstate a Florida law banning children from attending drag shows.
The Shelby County District Attorney's Office did not immediately respond to DCNF's request for comment.
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