On June 22, 2021, a federal judge in Tennessee temporarily invalidated a new law that restricts drag performances in the state. The law, known as House Bill 1027, was signed into law by Governor Bill Lee on May 25, 2021, and was set to go into effect on July 1, 2021. However, the judge’s ruling has put a hold on the law, at least for the time being.
The law in question prohibits public schools from allowing transgender students to use bathrooms or locker rooms that match their gender identity. It also requires businesses that allow drag performances to post a warning sign at their entrances stating that “adult entertainment” is taking place inside. The law defines “drag performance” as any live performance in which a person “appears in clothing traditionally worn by or associated with the opposite sex.”
The judge’s ruling came in response to a lawsuit filed by the American Civil Liberties Union (ACLU) of Tennessee and the LGBT+ advocacy group Human Rights Campaign (HRC). The lawsuit argues that the law violates the First Amendment rights of drag performers and businesses that host drag shows, as well as the Equal Protection Clause of the Fourteenth Amendment.
In his ruling, the judge noted that the law “appears to be content-based” and therefore subject to strict scrutiny under the First Amendment. He also noted that the law’s definition of “drag performance” is “overbroad” and could potentially apply to a wide range of performances that are not intended to be sexual or adult in nature.
The judge’s ruling is only temporary, and a final decision on the law’s constitutionality has yet to be made. However, it is a significant victory for the ACLU and HRC, as well as for the drag performers and businesses that would have been affected by the law.
The law has been widely criticized by LGBT+ advocates and civil liberties groups, who argue that it is discriminatory and stigmatizes transgender and gender non-conforming individuals. They also argue that it could have a chilling effect on free expression and artistic creativity.
In response to the judge’s ruling, the ACLU of Tennessee released a statement saying, “We are pleased that the court has recognized the serious First Amendment concerns raised by this law. We will continue to fight to ensure that all Tennesseans are free to express themselves without fear of government censorship or retaliation.”
The HRC also released a statement, saying, “This law is an attack on the dignity and humanity of transgender and gender non-conforming people, as well as the artists and businesses that support them. We will continue to stand with our partners in Tennessee to fight for equality and justice for all.”
Overall, the judge’s ruling is a positive development for LGBT+ rights in Tennessee and across the country. It sends a message that discriminatory laws targeting marginalized communities will not be tolerated, and that the First Amendment protects the right to free expression, even in the context of drag performances.
