The U.S. Supreme Court has refused to hear a challenge to Tennessee’s Adult Entertainment Act (AEA), leaving the controversial drag performance restrictions largely intact.
In an unsigned order issued Monday, the justices denied a request from a Tennessee theatre company to intervene in the legal battle against the law, which was passed in 2023 by the Republican-controlled legislature.
The AEA, signed into law by Republican Governor Bill Lee in March 2023, made Tennessee the first U.S. state to ban drag performances in public or where minors are present. Its passage sparked strong backlash from the drag community and high-profile allies, leading to protests across the country.
The law categorises “adult cabaret entertainment” as performances deemed “harmful to minors,” including acts by topless dancers, go-go dancers, exotic dancers, strippers, and “male or female impersonators.” Performances are considered harmful if they lack “serious literary, artistic, political, or scientific values” and appeal to “prurient, shameful, or morbid interests.”
Legal Challenges and Court Rulings
The law was quickly challenged in court, and in June 2023, U.S. District Judge Thomas Parker ruled it unconstitutional, citing free speech violations under the First Amendment. Parker criticised the law as overly broad, arguing that it targeted drag performances specifically rather than protecting minors from harmful content.
“The legislature’s predominant concerns involved the suppression of unpopular views of those who wish to impersonate a gender that is different from the one with which they were born,” Parker wrote in his ruling.
However, in July 2023, the 6th Circuit Court of Appeals overturned the lower court’s decision, ruling that the Memphis-based theatre company Friends of George’s lacked standing to challenge the law. The appeals court sent the case back to the lower court with orders to dismiss it, stating that the theatre group had failed to demonstrate that they were at risk of prosecution under the law.
With the Supreme Court declining to review the case, the law remains in effect, and its constitutionality will not be determined unless Tennessee authorities prosecute a group or individual for violating it.
The law’s origins can be traced to local opposition to a Pride parade in Jackson, Tennessee, which featured drag performances. Complaints from conservative groups fueled the push for legal restrictions, leading to the passage of the AEA.
What Comes Next?
While the Supreme Court’s decision keeps the law intact for now, future legal battles could arise if Tennessee attempts to prosecute individuals or groups under the measure. Any such case could lead to a renewed constitutional challenge and potential intervention by the courts.
For now, Tennessee’s drag ban remains one of the most significant restrictions on LGBTQ+ expression in the U.S., continuing to spark debate over free speech and LGBTQ+ rights.
