In a victory for Tennessee’s Republican-led Legislature, a federal appeals court on Thursday dismissed a lawsuit by LGBTQ groups that challenged a state law restricting drag shows deemed harmful to minors.
Friends of George’s, a Memphis-based theater that puts on “drag-focused performances,” filed a lawsuit against the law last year, arguing that the lack of an age limit would hurt its business.
The U.S. 6th Circuit Court of Appeals ruled Thursday that the Friends of Georges had no legal basis to sue under the law because the group wasn’t at risk of violating it, and found the group’s performances were not “harmful to minors.”
The decision overturned a lower court ruling that found the law unconstitutional after the group filed a lawsuit that temporarily blocked its implementation in Memphis and Shelby County, arguing that the law was “grossly overbroad” and encouraged “discriminatory enforcement.”
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In a victory for Tennessee’s Republican-led Legislature, a federal appeals court on Thursday dismissed a lawsuit filed by LGBTQ groups that challenged a state law restricting drag shows that it said were “harmful to minors.” (Patrick Lantrip/Daily Memphian via The Associated Press, File)
The first-of-its-kind law, backed by Republican Gov. Bill Lee, was passed by the state Legislature last year but has faced legal hurdles since then.
The Tennessee Supreme Court has defined “harmful to minors” as programming that lacks “serious literary, artistic, political or scientific value to a reasonable 17-year-old minor.”
People attend the first annual WeHo Pride Parade in West Hollywood, California. (Associated Press)
In its ruling on Thursday, the appeals court said FOG “has not argued that its performances lack significant value for 17-year-olds. Indeed, the organisation argues the exact opposite. The witness, who is also a FOG official, acknowledged that the organisation’s performances are ‘undoubtedly appropriate’ for 15-year-olds and ‘absolutely’ of artistic value to 17-year-olds.”
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But Democratic state Rep. Aftin Behn called Thursday’s ruling a “false attack on the LGBTQ+ community.”
The first law, supported by Republican Gov. Bill Lee, was passed by the state Legislature last year but has faced legal hurdles since then. (John Cherry/Getty Images)
“This is not about protecting our children, it’s about spreading fear and division,” she said. “It’s ironic that the people who claim to support smaller government are the first to impose it on our individual freedoms.”
Fox News Digital has reached out to George’s friends for comment.
But Tennessee Attorney General Jonathan Scurmetti argued the law is “constitutionally sound.”
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“As a state filled with world-class artists and musicians, Tennessee respects the right to free expression,” he said in a statement. “But as the Court noted, Tennessee’s ‘harmful to minors’ standard is constitutionally sound, and Tennessee can absolutely prohibit the screening of obscene material to children.”
