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Tennessee Adult Entertainment Act

Tennessee Adult Entertainment Act
Tennessee General Assembly
Enacted byTennessee Senate
Enacted byTennessee House of Representatives
Signed byBill Lee
SignedMarch 2, 2023
Legislative history
First chamber: Tennessee Senate
Introduced byJack Johnson
PassedFebruary 9, 2023
Voting summary
  • 26 voted for
  • 6 voted against
Second chamber: Tennessee House of Representatives
Member(s) in chargeChris Todd
PassedFebruary 23, 2023
Voting summary
  • 74 voted for
  • 19 voted against
Status: In force

The Tennessee Adult Entertainment Act,[1] also known as the Tennessee drag ban,[2] was an anti-drag bill, which banned public "adult cabaret performance" in public or in front of children in the state of Tennessee. The act was vague in what it considered an "adult cabaret performance" although it defined it as a "male or female impersonators who provide entertainment that appeals to a prurient interest."[3]

It was the first anti-drag act to pass a state legislature in the United States, and was the first to be signed into law. The act was signed on March 2, 2023, by Governor Bill Lee,[4] becoming Public Chapter No. 2 of the Tennessee Code.[5] It was criticized for being overly vague and authoritarian.[6][7][8]

Critics have suggested that the legislation was a direct reaction to the circulation of footage from the 2022 Franklin Pride festival online, pointing to the similar language used in a 2023 attempt to deny a permit to Franklin Pride: "Some members of the town launched a campaign to deny a permit for this year's event, describing it as a threat to children."[9] Nashville's News Channel 5 reported that "a majority of the board wanted to wait for a community decency resolution to come up for a vote before the permit approval."[10]

The house's bill sponsor, Chris Todd, introduced the measure in that chamber after he fought a public Pride show in Jackson, TN, claiming that drag is inherently inappropriate for minors.[11][12]

One news agency traced the possible origin to a complaint about footage of the debut of drag queen persona Witchcrafted recorded at Tennessee Tech University's Backdoor Playhouse. When conservative activist and founder of Freedom Forever, Landon Starbuck, viewed the video, she posted an edited version to Twitter to encourage complaints to the university.[13]

It was challenged on March 27, 2023, by Friends of George's, an LGBTQ+ theatre troupe in Memphis, Tennessee.[14]

On April 1, 2023, federal judge Tommy Parker for the United States District Court for the Western District of Tennessee temporarily blocked the implementation of the act,[15][16] citing First Amendment concerns.[17] The temporary injunction was changed to a permanent injunction on June 2, 2023.[1][18][19]

Attorney general Jonathan Skrmetti filed a Notice of Appeal on June 30, 2023.[20][21] The Sixth Circuit heard oral arguments at a hearing on February 1, 2024.[22] On July 18, 2024, a three judge panel on the Sixth Circuit reinstated the law by ruling that the plaintiffs had lacked the standing to sue. The ruling did not address whether the law was constitutional.[23]

  1. ^ a b Daw, Stephen; Donahue, Bill (June 3, 2023). "Tennessee's Drag Ban Overturned, Deemed Unconstitutional by Federal Judge". Billboard. Retrieved June 3, 2023.
  2. ^ Bulbul, Nuray (March 7, 2023). "Tennessee drag ban: Why has the state banned drag performers and what does the law say?". Evening Standard. Archived from the original on March 8, 2023. Retrieved March 8, 2023.
  3. ^ Perry, Sophie (February 23, 2023). "Tennessee just banned drag shows in chilling blow for LGBTQ+ rights". Archived from the original on February 23, 2023. Retrieved February 23, 2023.
  4. ^ "Tennessee drag show restrictions, ban on gender-affirming care for minors signed into law". USA Today. Archived from the original on March 6, 2023. Retrieved March 5, 2023.
  5. ^ "PUBLIC CHAPTER NO. 2" (PDF). Tennessee Secretary of State files. March 2, 2023. Retrieved July 17, 2023.
  6. ^ "Tennessee House passes controversial drag show bill". The Tennessean. Archived from the original on March 17, 2023. Retrieved February 23, 2023.
  7. ^ Allen, Jonathan (February 23, 2023). "Tennessee takes lead in Republican effort to restrict drag shows". Reuters. Archived from the original on February 23, 2023. Retrieved February 23, 2023 – via www.reuters.com.
  8. ^ "Human Rights Campaign Condemns Tennessee House for Passing Discriminatory Anti-Drag Bill and Gender Affirming Care Ban; Urges Governor Lee to Veto". Human Rights Campaign. February 23, 2023. Archived from the original on February 23, 2023. Retrieved February 23, 2023.
  9. ^ O’Neill, Shane; Kim, Caroline (June 24, 2023). "Video: Pride's Last Chance in a Tennessee City". The New York Times. 0:35. ISSN 0362-4331. Retrieved July 20, 2023.
  10. ^ Johnson, Cole (April 11, 2023). "City of Franklin set to consider 'community decency' resolution ahead of Pride permit decision". WTVF. 0:23. Retrieved July 20, 2023.
  11. ^ Jones, Vivian (June 5, 2023). "Attorney general likely to appeal ruling on drag show law; Gov. Lee continues backing bill". The Tennessean. Retrieved July 20, 2023.
  12. ^ Kalish, Lil (February 24, 2023). "This Tennessee Drag Queen Has A Message For The Governor: "We Will Not Go Quietly"". BuzzFeed News. Retrieved July 23, 2023.
  13. ^ Allen, Jonathan (March 27, 2023). "How drag was pushed back into the shadows in Tennessee". Reuters. Retrieved July 23, 2023.
  14. ^ "Friends of Georges, Inc. v. Steven J. Mulroy, in his official and individual capacity". Justia Dockets & Filings. Retrieved July 17, 2023.
  15. ^ "Take Their Crowns: Conservatives' Subtly Sinister[1] Criminalization of Drag and Gender Expression". University of Baltimore Law Review. April 28, 2023. Retrieved July 17, 2023.
  16. ^ "Case 2:23-cv-02176-TLP-tmp Document 14: ORDER GRANTING TEMPORARY RESTRAINING ORDER" (PDF). Free Law Project. March 31, 2023. Retrieved July 17, 2023.
  17. ^ "Judge blocks law restricting drag shows in Tennessee". The Guardian. Associated Press. April 1, 2023.
  18. ^ Gans, Jared (June 3, 2023). "Federal judge rules Tennessee restrictions on drag shows unconstitutional". The Hill. Retrieved July 17, 2023.
  19. ^ Anders, Caroline (June 3, 2023). "Tennessee drag ban is unconstitutional, federal judge rules". The Washington Post. Retrieved July 20, 2023.
  20. ^ Kennin, Lydian (June 30, 2023). "State AG appeals federal judge's decision to allow public drag shows in Tennessee". WMC-TV. Retrieved July 17, 2023.
  21. ^ "Case 2:23-cv-02163-TLP-tmp Document 94: "Notice of Appeal"" (PDF). TN.gov. June 30, 2023. Retrieved July 17, 2023.
  22. ^ Cite error: The named reference :14 was invoked but never defined (see the help page).
  23. ^ Bacallao, Marianna (July 18, 2024). "Tennessee's drag ban is back after appeals court ruling". WPLN. Retrieved July 20, 2024.
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