Judge Finds Tennessee Law Aimed at Restricting Drag Shows Unconstitutional

Judge Finds Tennessee Law Aimed at Restricting Drag Shows Unconstitutional

In his 70-page ruling, the judge said the law “reeks with constitutional maladies of vagueness.” He added that the legislature “carelessly, if not intentionally” enacted the measure “for the inappropriate purpose of chilling constitutionally free speech.”

A spokeswoman for Governor Lee did not immediately respond to a request for comment. But in addition to Mr. Skrmetti’s reaction, at least one Republican lawmaker supported appealing the decision.

“Despite the court’s perplexing reading of the law, I am confident — and have always been — that this legislation does nothing to suppress the First Amendment,” said Jack Johnson, the State Senate majority leader and a key sponsor of the legislation, in a statement.

Tennessee Republicans and conservative activists have framed the law as a way to protect children, saying that it would not infringe on any performances that were not obscene. Before the ruling, the court had also received multiple letters from individuals across the state calling for the law in order to shield children from inappropriate content.

The measure was crafted in part after a state lawmaker, Representative Chris Todd, and other community members in Jackson, Tenn., successfully sued over a drag show, advertised as family-friendly entertainment, at a Pride celebration there. (The office of Mr. Todd did not immediately respond to requests for comment.)

But critics of the law said its ambiguous language could escalate harassment against not only drag performers, but also transgender or gender-nonconforming people going about their daily lives. They also warned that it ignored an opportunity for children, especially L.G.B.T.Q. youth, to learn about self-expression and acceptance.

Regina L. Hillman, an assistant professor of law at the University of Memphis who challenged laws banning marriage equality in the state, said that though the ruling was not binding outside of Shelby County, “it’s certainly heavily, heavily persuasive.”

Emily Cochrane

Source link