In a contentious decision, the U.S. Court of Appeals for the Sixth Circuit has upheld a Tennessee law restricting drag performances in locations where they could be viewed by children. This ruling, issued on July 18, 2024, reversed a lower court’s decision that had previously deemed the law unconstitutional. The case, brought forward by the nonprofit theater group Friends of George’s, has sparked significant debate about the implications for freedom of expression and the LGBTQ+ community.
The Ruling
The law in question, the Adult Entertainment Act (AEA), aims to ban performances featuring strippers or men dressed as women in venues where children might be present. Friends of George’s challenged the law, arguing it violated the First Amendment rights conferred by the U.S. Constitution. However, the appeals court panel found that Friends of George’s lacked standing because they failed to provide evidence that they intended to violate the law.
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The Court’s Decision
U.S. Circuit Judge John Nalbandian, writing for the majority, stated:
“There is no constitutional interest in exhibiting indecent material to minors.”
He emphasized that while certain speech may be fully protected when directed to adults, it can be restricted when directed toward minors. The ruling clarified that the AEA does not ban adult-oriented performances outright but merely restricts them to adult-only zones, a point echoed by U.S. Circuit Judge Eugene Siler Jr.
What is an adult only zone? We have NC-17, rated R, and Rated X movies and we see children watching them all the time in movie theaters. There’s actual visuals of sex, blood, violence, killing occurring on that big screen, but that is okay. So would a solution be to rate the performance a NC-17 or Rated R and then just broadcast it to the next room over? Adult zone is live while the viewing room is being broadcast and kids can be there? It’s weird. just give them all guns and send them to school, Tennessee.
In his dissent, U.S. Circuit Judge Andre Mathis argued that Friends of George’s had standing because their shows, which have no age restrictions, could potentially violate the law, leading to a threat of prosecution. Mathis contended that the group’s performances appear to be protected by the First Amendment and criticized the majority for failing to address the broader constitutional implications.
Reaction from Friends of George’s
Friends of George’s expressed shock and disappointment at the ruling. In a social media post, the group stated:
“Instead of addressing the constitutionality of Tennessee’s drag ban, today’s ruling has left us and thousands of others in the LGBTQ+ community dangerously in limbo, with no clear answers as to how this ban will be enforced and by whom.”
The organization is currently consulting with legal counsel on the next steps as it prepares for its next production, set to open on August 2. Friends of George’s has been around for some time, with this 9-year old video pinned to its YouTube page as its intro. You can check out their Facebook page here.
Broader Implications
This ruling has significant implications for the LGBTQ+ community and the broader fight for freedom of expression. Critics argue that the law unfairly targets drag performances, a vibrant and vital form of artistic expression within the LGBTQ+ community. By upholding the law, the appeals court has reinforced a precedent that could pave the way for further restrictions on LGBTQ+ events and performances under the guise of protecting minors.
The recent decision by the U.S. Court of Appeals for the Sixth Circuit represents a setback for the LGBTQ+ community and advocates of free expression. As Friends of George’s continues its legal battle, the case highlights the ongoing tensions between protecting minors and safeguarding constitutional rights. The outcome of this legal struggle will have far-reaching consequences for drag performers and the broader fight for LGBTQ+ rights in Tennessee and beyond.
Tennessee just can’t handle the idea that there are some men who could stoop so low as to impersonate their subservient female population by putting on dresses and makeup. It’s the ultimate humiliation to them. Their views on gender still date back to the 1950’s, and they’ll fight like hell to keep them that way.
This is unconscionable. Kids have seen drag since the days of Milton Berle, Robin Williams, Dustin Hoffman, Patrick Swayze, Julie Andrews, Damon Wayans, and too many to count. Not to mention the “indecency“ of seeing professional football cheerleaders with their tits hanging out and their ass hanging out but, oh, somehow that’s “wholesome” when it is blatant partial nudity. This is just censorship and oppression typical of the uneducated, dim-witted, backwards, hateful, bigoted cretins who comprise the obvious majority of the state of Tennessee with a horrific history of intolerance and hatred toward other people which keeps that Hillbilly Hellscape an oppressed, poor, disrespected, disgusting and unwelcome state in the union, especially combined with its laws allowing healthcare professionals to refuse to treat LGBT citizens in dire medical need. They would rather see their fellow state citizens who are lesbian women, gay men, bisexuals of all genders, trans people of all genders, and others suffer and die without even the most basic medical care rather than be decent human beings rather than masturbating their insatiable bigotry in the courts and in the state halls. Shame on them. This calls for massive defiance and holding the line less Tennessee and our nation slide further into a revolting fascist hellscape that the poorly-coiffed hideous bigots are hell-belt on achieving.