Tennessee’s ban on Drag Shows when Children are Present will remain in Effect. The Supreme Court refused earlier this week to hear an appeal from a group of drag performers.
The Adult Entertainment Act of 2023 prohibits “adult-oriented performance” in public places or any place where minors could see it.
In a blog post, Tennessee Attorney General Jonathan Skrmetti stated, “Free speech is a sacred American Value. However, the First Amendment doesn’t require Tennessee to permit sexually explicit shows in front of young children. We will defend TN law and the children.”
The federal judge who ruled the law was unconstitutionally broad and vague, temporarily stopped its enforcement. In July of this year, however, the U.S. Circuit Court of Appeals reversed this decision and stated that Friends of George’s Inc., a Memphis-based theatre company that filed the suit, lacked the standing to challenge the law.
Blount County Pride, another LGBTQ+ group advocating for equality, is still pursuing a lawsuit against the American Civil Liberties Union’s (ACLU) ban. This follows the threat by then-Attorney General Ryan Desmond to prosecute those who violated the ban at the 2023 Pride Festival.
Violations of the Adult Entertainment Act can be punished as a misdemeanor class A, and a second offense or subsequent conviction is considered a felony. The penalties for both offenses could range from fines to jail terms of 11 months up to 6 years.
I’m happy that the United States Supreme Court upheld another Tennessee law to protect our children. Jack Johnson, the state Senate majority leader, stated in an X post that SB 3 protects Tennessee children from sexually explicit content. Johnson was one of the original sponsors in 2023.
The Supreme Court has a second case before them, brought by the ACLU. It challenges a Tennessee Law prohibiting medical procedures and treatments for transgender minors.
The court, in that case, is considering whether the 14th Amendment equal protection clause, guaranteeing equal treatment by the law to individuals with similar circumstances, prohibits the states from preventing medical providers from providing puberty blocking agents and hormone treatments for children who are seeking transgender surgery.
In October of last year, Skrmetti expressed cautious optimism about a positive outcome.
It seems that the cultural momentum on these topics has shifted. When you see someone trying to change laws by creative judging or creative regulation, it alienates people from laws that bind them and is bad for America.
He added, “We will know when the Supreme Court acts that we’ll be able to tell what it is doing.”
By June, the high court should have ruled on this case.