A recent decision by the US Court of Appeals for the Sixth Circuit has dismissed a challenge to a Tennessee law restricting drag performances. This ruling reverses an earlier decision by a lower court that had blocked the law from taking full effect. The appeals court concluded that the plaintiff, Friends of George’s (FOG), lacked standing to challenge the law’s constitutionality because it did not demonstrate an injury directly linked to the law’s enforcement.
The disputed legislation, known as the Adult Entertainment Act (AEA), prohibits “adult cabaret entertainment” in public locations or in the presence of minors. The law broadly defines such entertainment to include performances by topless dancers, go-go dancers, exotic dancers, strippers, and male or female impersonators.
In his majority opinion, Judge John Nalbandian emphasized that plaintiffs must show an injury “fairly traceable to the challenged conduct of the defendant and likely to be redressed by the requested relief.” He noted that FOG failed to prove its performances were the type prohibited by the law. The court referenced Tennessee’s judicial interpretation of the phrase “harmful to minors,” stating it applies to material lacking serious literary, artistic, political, or scientific value for a reasonable 17-year-old. This paved the way for the court’s finding that FOG’s shows did not arguably fall under this description.
Previously, the district court had ruled that the AEA was unconstitutionally vague and violated the First Amendment, blocking its enforcement in Shelby County. However, Judge Amul Thapar, writing for the majority, rejected FOG’s arguments that the law might be misconstrued by law enforcement, thereby focusing the dissent from the lower court’s decision.
Supporters of the AEA, including Tennessee Attorney General Jonathan Skrmetti, argue that the law is essential for protecting minors from exposure to inappropriate content. Skrmetti stated that “Tennessee’s ‘harmful to minors’ standard is constitutionally sound and Tennessee can absolutely prohibit the exhibition of obscene material to children.” The recent ruling has further confirmed the state’s stance on this matter.
FOG expressed its disappointment with the ruling, stating it leaves many in the LGBTQ+ community uncertain about the law’s enforcement. “Today’s ruling has left us and thousands of others in the LGBTQ+ community dangerously in limbo,” the organization remarked.
This decision comes amidst a backdrop of increasing legislative measures targeting LGBTQ+ rights within Tennessee. In fact, the Human Rights Campaign reported that Tennessee had enacted more anti-LGBTQ+ laws than any other state since 2015. Additionally, the ACLU is currently tracking 40 such bills in the state for the 2024 legislative session.
For further details, refer to the original article on JURIST.