Tennessee law banning children from drag shows upheld by appeals court

July 23, 2024

A federal appellate court has upheld a Tennessee law that effectively bans the presence of children at drag shows. According to the Christian Post, the 6th U.S. Circuit Court of Appeals published an opinion last week upholding the Tennessee’s Adult Entertainment Act.

The law states that “it is an offense for a person to perform adult cabaret entertainment” at any location where the performance could be “viewed by a person who is not an adult.”

The “adult cabaret entertainment” in the legislation is defined as performances that include “topless dancers, go-go dancers, exotic dancers, male or female impersonators, or similar entertainers.”

The law was put on hold after being passed last year, when a federal judge ruled that it was an “unconstitutional restriction on free speech under the First Amendment.” That judge’s decision only applied to Shelby County which is the largest county in the state and home to Memphis.

The Christian Post reports that last week’s decision overturned that lower court decision and ruled that the LGBT advocacy group that had brought suit against the legislation, lacked standing.

Tennessee’s Attorney General Jonathan Skrmetti maintains that the state’s Adult Entertainment Act had been misrepresented since its passage. Skrmetti said in a statement:

“As a state overflowing with world-class artists and musicians, Tennessee respects the right to free expression. 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.”

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