In a win for Tennessee’s Republican-led legislature, a federal appeals court on Thursday dismissed a lawsuit brought by an LGBTQ group that challenged a state law restricting drag shows considered “harmful to minors.”
Friends of George’s, a Memphis-based theater that does “drag-centric performances,” sued over the law last year, claiming it would hurt its business because it has no age restrictions.
The 6th U.S. Circuit Court of Appeals on Thursday ruled that Friends of George’s didn’t have legal standing to sue over the law because it wasn’t at risk of violating the law, finding its shows weren’t “harmful to minors.”
The ruling reverses a lower court decision that called the law unconstitutional after the group sued, temporarily blocking its enforcement in Memphis’ Shelby County. The lower court had called the law “substantially overbroad” and said it encouraged “discriminatory enforcement.”
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In a win for Tennessee’s Republican-led legislature, a federal appeals court on Thursday dismissed a lawsuit brought by an LGBTQ group that challenged a state law restricting drag shows that are “harmful to minors.” (Patrick Lantrip/Daily Memphian via AP, File)
With the support of Republican Gov. Bill Lee, the first-of-its-kind law was passed by the state legislature last year but has faced legal hurdles since then.
“Harmful to minors” has been defined by the Tennessee Supreme Court as shows that lack “serious literary, artistic, political, or scientific value for a reasonable 17-year-old minor.”
People participate at the inaugural WeHo Pride Parade in West Hollywood, Calif. (AP)
In its ruling Thursday, the appeals court said Friends of George’s “has not alleged that its performances lack serious value for a 17-year-old. In fact, it insists the exact opposite. Its own witness, a member of FOG’s board, conceded that its shows ‘are definitely appropriate’ for a 15-year-old and would ‘absolutely’ have artistic value for a 17-year-old.”
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But state Rep. Aftyn Behn, a Democrat, claimed Thursday’s ruling was a “misguided attack on the LGBTQ+ community.”
With the support of Republican Gov. Bill Lee, the first-of-its-kind law was passed in the state legislature last year but has faced legal hurdles since. (Jon Cherry/Getty Images)
“This isn’t about protecting kids; it’s about spreading fear and division,” she said. “It’s ironic that those who claim to support small government are the first to impose it on our personal freedoms.”
Friends of George’s told Fox News Digital they were “shocked and disappointed” by the decision.
“Instead of addressing the constitutionality of Tennessee’s drag ban, this 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 group said. “The only thing that is clear about this law is that it’s firmly rooted in hate and defies the will of the majority of Tennesseans. Friend’s of George’s will continue to fight this bigoted anti-trans law in the courts, as we rehearse for our next theatrical production, slated to open on August 2nd. To comply with the recently reinstated ban, this production will be strictly for audiences ages 18 and over.”
Tennessee Attorney General Jonathan Skrmetti argued, however, the law was “constitutionally sound.”
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“As a state overflowing with world-class artists and musicians, Tennessee respects the right to free expression,” he said in a statement. “But as the court noted, Tennessee’s ‘harmful to minors’ standard is constitutionally sound, and Tennessee can absolutely prohibit the exhibition of obscene material to children.”
The Associated Press contributed to this report.
