Drag Comes Out on Top in Tennessee Court Case

Queerful Guest Contributor

In case you missed it amidst the anti-democracy horrors, there was lots of good news for fans and advocates for drag in Tennessee this past week. A federal judge has temporarily halted the state’s new law that criminalizes drag performance, specifically those taking place on public property or locations where the performance could be viewed by a minor. Supporters of the ban claimed that it was necessary to protect minors from being exposed to what they considered “sexualized” performances.

Judge Thomas Parker ruled on the case last Friday, hours before the ban was scheduled to go into effect on April 1st, citing constitutional protections of freedom of speech in his order.

“If Tennessee wishes to exercise its police power in restricting speech it considers obscene, it must do so within the constraints and framework of the United States Constitution,” Parker wrote. “The Court finds that, as it stands, the record here suggests that when the legislature passed this Statute, it missed the mark.”

Lawyers arguing against the drag ban put forward a novel and winning argument by citing that if a drag queen and a Tennessee Titans cheerleader danced in a public venue or in the presence of a minor, only the drag performer would be breaking the law.

“The prohibited speech is defined by the identity of the drag performer — and the message he conveys,” lawyers argued and claimed this is why the law violates the First Amendment.

Of course this is just a temporary stay, but opponents of the ban will now be able to have their day in court and until then, the drag shows must go on! Q