Court dismisses lawsuit over Tennessee’s A federal appeals court on Thursday dismissed a lawsuit challenging first-in-the-nation law designed to place strict limits on drag shows, reversing a lower court ruling that deemed the statute unconstitutional and blocked its enforcement in part of the state.

The 6th U.S. Circuit Court of Appeals ruled that the Memphis-based LGBTQ+ theater company that filed the complaint last year lacked the legal right to sue over the law.

Friends of George’s had alleged that the law would negatively affect them because they produce “drag-centric performances, comedy sketches, and plays” with no age restrictions.

However, the federal appeals court found that Friends of George’s was not at risk of violating the 2023 law because its performances were not “harmful to minors.”

Tennessee’s Republican-dominated Legislature advanced the anti-drag law last year with the support of Republican Gov. Bill Lee. Several GOP members pointed to drag performances in their hometowns as reasons why it was necessary to restrict such performances from taking place in public or where children could view them.

Yet the actual word “drag” doesn’t appear in the statute. Instead, lawmakers changed the state’s definition of adult cabaret to mean “adult-oriented performances that are harmful to minors.” Furthermore, “male or female impersonators” were classified as a form of adult cabaret, akin to strippers or topless dancers.

The law banned adult cabaret performances on public property or anywhere minors might be present. Performers who break the law risk being charged with a misdemeanor or a felony for a repeat offense.

In Thursday’s ruling, the justices stressed that term “harmful to minors” has a specific definition under Tennessee law — which has three components that must be met in order to prosecute. The ruling also pointed out that the Tennessee Supreme Court limited the definition of “harmful to a minor” to materials lacking “serious literary, artistic, political, or scientific value for a reasonable 17-year-old minor.”

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