U. S. District Court Judge Thomas L. Parker of the U. S. District Court for the Western District of Tennessee declared Tennessee’s anti-drag Adult Entertainment Act to be unconstitutional.
Parker’s ruling comes after a two-day trial last month. A Shelby County-based LGBTQ theatre company, Friends of George’s, had sued the state of Tennessee, claiming the law unconstitutional under the First Amendment.
Parker ordered a temporary injunction halting the just enacted Tennessee law that criminalizes some drag performances, hours before it was set to take effect April 1.
In his 15 page ruling ordering the temporary injunction Parker wrote: “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. […] The court finds that, as it stands, the record here suggests that when the legislature passed this statute, it missed the mark.” Attorneys for the theatre company had argued that drag performances were an artform and protected speech under the first amendment.