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=== To Judge Parker's decision ===
=== To Judge Parker's decision ===
Just as the bill and Governor Lee signing it into law drew differing reactions from the public, so too did Judge Parker's decision. While the LGBTQ+ community celebrated the ruling, including at the previously scheduled Franklin Pride Festival<ref>{{Cite news |date=2023-06-05 |title=Tennessee town celebrates Pride as drag ban is lifted |work=[[The Washington Post]] via [[YouTube]] |url=https://www.youtube.com/watch?v=K9aMrpCZ0fs |url-status=live |access-date=2023-07-20}}</ref>, legislators of both political parties weighed in on the injunction.
While the LGBTQ+ community celebrated the ruling, including at the previously scheduled Franklin Pride Festival<ref>{{Cite news |date=2023-06-05 |title=Tennessee town celebrates Pride as drag ban is lifted |work=[[The Washington Post]] via [[YouTube]] |url=https://www.youtube.com/watch?v=K9aMrpCZ0fs |url-status=live |access-date=2023-07-20}}</ref>, legislators of both political parties weighed in on the injunction.


The bill's sponsor, state Senator [[Jack Johnson (American politician)|Jack Johnson]], responded by saying, "We're not going to let the courts dictate what is public policy in the state of Tennessee."<ref name=":2" /> State Representative [[Jason Zachary|Jason Zachery]] reacted with, "We will continue to take every step necessary to ensure children in our state are not subjected to public acts of perversion."<ref name=":3">{{Cite news |last=Wales |first=Ella |date=2023-06-03 |title=‘It’s serendipitous;’ Performers, state lawmakers react to judge deeming anti-drag bill unconstitutional |work=[[WATE]] |url=https://www.wate.com/news/knox-county-news/its-serendipitous-performers-state-lawmakers-react-to-judge-deeming-anti-drag-bill-unconstitutional/ |url-status=live |access-date=2023-07-20}}</ref> Attorney General Johnathan Skrmetti asserted that the injunction actually only applies to [[Shelby County, Tennessee]], and the law remains in effect in the remainder of the state. This interpretation of the ruling is a result of Shelby County [[District attorney|District Attorney]] [[Steven J. Mulroy|Steve Mulroy]] being a named defendant in the initial filing.<ref>{{Cite news |last=Sainz |first=Adrian |last2=Kruesi |first2=Kimberlee |date=2023-06-06 |title=Ruling on Tennessee’s anti-drag law leaves questions about enforcement, next steps |work=[[PBS]] |url=https://www.pbs.org/newshour/politics/ruling-on-tennessees-anti-drag-law-leaves-questions-about-enforcement-next-steps |url-status=live |access-date=2023-07-20}}</ref> With respect to whether the law remains enforceable in the rest of the state, Governor Lee said he would defer to Skrmetti.<ref>{{Cite web |last=Stockard |first=Sam |date=2023-06-06 |title=Governor hands drag show court case to attorney general |url=https://tennesseelookout.com/2023/06/06/governor-hands-drag-show-court-case-to-attorney-general/ |url-status=live |access-date=2023-07-20 |website=[[States Newsroom |Tennessee Lookout]] |language=en-US}}</ref>
The bill's sponsor, state Senator [[Jack Johnson (American politician)|Jack Johnson]], responded by saying, "We're not going to let the courts dictate what is public policy in the state of Tennessee."<ref name=":2" /> State Representative [[Jason Zachary|Jason Zachery]] reacted with, "We will continue to take every step necessary to ensure children in our state are not subjected to public acts of perversion."<ref name=":3">{{Cite news |last=Wales |first=Ella |date=2023-06-03 |title=‘It’s serendipitous;’ Performers, state lawmakers react to judge deeming anti-drag bill unconstitutional |work=[[WATE]] |url=https://www.wate.com/news/knox-county-news/its-serendipitous-performers-state-lawmakers-react-to-judge-deeming-anti-drag-bill-unconstitutional/ |url-status=live |access-date=2023-07-20}}</ref>
Attorney General Johnathan Skrmetti asserted that the injunction actually only applies to [[Shelby County, Tennessee]], and the law remains in effect in the remainder of the state. This interpretation of the ruling is a result of Shelby County [[District attorney|District Attorney]] [[Steven J. Mulroy|Steve Mulroy]] being a named defendant in the initial filing.<ref>{{Cite news |last=Sainz |first=Adrian |last2=Kruesi |first2=Kimberlee |date=2023-06-06 |title=Ruling on Tennessee’s anti-drag law leaves questions about enforcement, next steps |work=[[PBS]] |url=https://www.pbs.org/newshour/politics/ruling-on-tennessees-anti-drag-law-leaves-questions-about-enforcement-next-steps |url-status=live |access-date=2023-07-20}}</ref> With respect to whether the law remains enforceable in the rest of the state, Governor Lee said he would defer to Skrmetti.<ref>{{Cite web |last=Stockard |first=Sam |date=2023-06-06 |title=Governor hands drag show court case to attorney general |url=https://tennesseelookout.com/2023/06/06/governor-hands-drag-show-court-case-to-attorney-general/ |url-status=live |access-date=2023-07-20 |website=[[States Newsroom |Tennessee Lookout]] |language=en-US}}</ref>


After the injunction, Representative [[Gloria Johnson (politician)|Gloria Johnson]] remarked, "[I]t's very frustrating because we told them in committee that this bill was unconstitutional. We said it in committee, we said it in meetings, we said it on the house floor. If you read the bill and you read the [[Constitution of the United States|constitution]], you know that this bill is unconstitutional."<ref name=":3" />
After the injunction, Representative [[Gloria Johnson (politician)|Gloria Johnson]] remarked, "[I]t's very frustrating because we told them in committee that this bill was unconstitutional. We said it in committee, we said it in meetings, we said it on the house floor. If you read the bill and you read the [[Constitution of the United States|constitution]], you know that this bill is unconstitutional."<ref name=":3" />

Revision as of 04:06, 21 July 2023

Tennessee Adult Entertainment Act
Tennessee General Assembly
Enacted byTennessee Senate
Enacted byTennessee House of Representatives
Signed byBill Lee
SignedMarch 2, 2023
Legislative history
First chamber: Tennessee Senate
Introduced byJack Johnson
PassedFebruary 9, 2023
Voting summary
  • 26 voted for
  • 6 voted against
Second chamber: Tennessee House of Representatives
Member(s) in chargeChris Todd
PassedFebruary 23, 2023
Voting summary
  • 74 voted for
  • 19 voted against
Status: Halted

The Tennessee Adult Entertainment Act,[1] also known as the Tennessee drag ban,[2] was an anti-drag bill, which banned public "adult cabaret performance" in public or in front of children in the state of Tennessee. The act was vague in what it considered an "adult cabaret performance" although it defined it as a "male or female impersonators who provide entertainment that appeals to a prurient interest."[3]

It was the first anti-drag act to pass a state legislature in the United States, and was the first to be signed into law. The act was signed on March 2, 2023, by Governor Bill Lee,[4] becoming Public Chapter No. 2 of the Tennessee Code.[5] It was criticized by some people for being overly vague and authoritarian.[6][7][8]

It has been suggested that the legislation was a direct reaction to the circulation of footage from the 2022 Franklin Pride festival online, pointing to the similar language used in a 2023 attempt to deny a permit to Franklin Pride: "Some members of the town launched a campaign to deny a permit for this year's event, describing it as a threat to children."[9] Nashville's News Channel 5 reported that "a majority of the board wanted to wait for a community decency resolution to come up for a vote before the permit approval."[10] The house's bill sponsor, Chris Todd, introduced the measure in that chamber after he fought a public Pride show in Jackson, TN, claiming that drag is inherently inappropriate for minors.[11]

It was challenged on March 27, 2023 by Friends of George's, an LGBTQ+ theatre troupe in Memphis, Tennessee.[12]

On April 1, 2023, federal judge Tommy Parker for the United States District Court for the Western District of Tennessee temporarily blocked the implementation of the act,[13][14] citing First Amendment concerns.[15] The temporary injunction was changed to a permanent injunction on June 2, 2023.[1][16][17]

Attorney General Jonathan Skrmetti filed a Notice of Appeal on June 30, 2023.[18][19]

Bill contents

The Tennessee Adult Entertainment Act bans "topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators in presence of minors."[20]

Public reactions

To TN SB3 / HB9 / Public Chapter No. 2

The bill sparked outrage from the LGBT community.[21]

Local response

When the bill was still being debated, individuals attending the legislative sessions were unsuccessful in getting legislators to define the terms "public space" or "female impersonator".[22] Democrat Heidi Campbell responded to questions about the law after Judge Parker's permanent injunction, saying, "The law is obviously meant just to be hateful because the obscenity statute already covers this," and continuing, "what it’s really done is have a chilling effect on our LGBTQ community and our vibrant drag community."[23]

Spencer Lyst, a 17-year-old Tennessean and member of Franklin Pride's Advisory Board, said in the Board of Mayor and Aldermen meeting on April 11, 2023, "Community decency starts with not tearing down our neighbors because we don't agree with them." Lyst continued, pointing out that only one of the members of the council at the BOMA meeting had attended the Franklin Pride festival in 2022, despite the Board in general condemning the event.[24]

MTSU political science professor Kent Syler responded to the signing by saying, "It has become a social issues arms race for the GOP in Tennessee."[25] Eater reporter Jaya Saxena reacted on record, saying, "[T]hese are the bill's intended effects: make people reconsider their business plans, worry for their safety, and calculate whether participating in queer life is worth it."[22]

A press release from the ACLU chapter in Tennessee pointed out that the vague nature of the law would allow for government officials to use their own subjective perspective in enforcing it, while also stating, "I want to be abundantly clear: the law that was just signed does not make it illegal to perform in drag in Tennessee. The law bans obscene performances, and drag performances are not inherently obscene."[26]

National response

In response to the law's signing, White House Press Secretary Karine Jean-Pierre stated, "Instead of doing anything to address the real issues that are impacting American people, right now you have a governor from Tennessee that has decided to go after drag shows. What sense does that make to go after drag shows? How is that going to help people's lives?"[27]

In an Instagram post, RuPaul called the bill "a classic distraction technique, distracting us away from the real issues that they were voted into office to focus on: jobs, health care, keeping our children safe from harm at their own school."[28]

Juanita More commented, "Bills like this are out of 'The Handmaid's Tale'."[29]

Frankie James Grande tweeted, "This is political theatre designed to encourage vigilante violence against a group of people that’s already incredibly vulnerable."[30]

Hayley Williams responded to the introduction of the bill with, “Once again our state has passed two regressive and unfathomably harmful bills.”[31]

The B-52s released a public statement, proclaiming, "It is unacceptable that in the 21st century, we are witnessing such blatant attempts to undermine the rights of individuals based on their gender identity and sexual orientation."[32]

Cyndi Lauper compared those proposing anti-LGBT bills to Nazis, stating, "Equality for everybody, or nobody’s really equal. This is how Hitler started, you know, just weeding everybody out. And then finally he... You know. I don't think it's a good idea, what they're doing."[33]

Jason Isbell stated, "These bills add up to an attempt to eradicate a valuable part of our community and force good people to live in fear."[34]

Silver Lake, LA drag performer Maebe A. Girl warned that this is likely a precursor to an introduction of these policies on a national level, saying, "It has nothing to do with children. They want LGBTQIA people out of sight, out of mind."[35]

Isbell and Allison Russell, a Nashville resident, organized a benefit concert. Announced on March 8, 2023,[36] Love Rising took place on March 20, 2023 at Bridgestone Arena, with proceeds benefiting local LGBTQ+ groups.[37] It was also offered via livestream.[38] Brandi Carlile's The Looking Out Foundation vowed to match donations made through their platform in their announcement of the event.[39]

To Judge Parker's decision

While the LGBTQ+ community celebrated the ruling, including at the previously scheduled Franklin Pride Festival[40], legislators of both political parties weighed in on the injunction.

The bill's sponsor, state Senator Jack Johnson, responded by saying, "We're not going to let the courts dictate what is public policy in the state of Tennessee."[23] State Representative Jason Zachery reacted with, "We will continue to take every step necessary to ensure children in our state are not subjected to public acts of perversion."[41]

Attorney General Johnathan Skrmetti asserted that the injunction actually only applies to Shelby County, Tennessee, and the law remains in effect in the remainder of the state. This interpretation of the ruling is a result of Shelby County District Attorney Steve Mulroy being a named defendant in the initial filing.[42] With respect to whether the law remains enforceable in the rest of the state, Governor Lee said he would defer to Skrmetti.[43]

After the injunction, Representative Gloria Johnson remarked, "[I]t's very frustrating because we told them in committee that this bill was unconstitutional. We said it in committee, we said it in meetings, we said it on the house floor. If you read the bill and you read the constitution, you know that this bill is unconstitutional."[41]

See also

References

  1. ^ a b Daw, Stephen; Donahue, Bill (June 3, 2023). "Tennessee's Drag Ban Overturned, Deemed Unconstitutional by Federal Judge". Billboard. Retrieved June 3, 2023.{{cite web}}: CS1 maint: url-status (link)
  2. ^ Bulbul, Nuray (March 7, 2023). "Tennessee drag ban: Why has the state banned drag performers and what does the law say?". Evening Standard. Archived from the original on March 8, 2023. Retrieved March 8, 2023.
  3. ^ Perry, Sophie (February 23, 2023). "Tennessee just banned drag shows in chilling blow for LGBTQ+ rights". Archived from the original on February 23, 2023. Retrieved February 23, 2023.
  4. ^ "Tennessee drag show restrictions, ban on gender-affirming care for minors signed into law". USA Today. Archived from the original on March 6, 2023. Retrieved March 5, 2023.
  5. ^ "PUBLIC CHAPTER NO. 2" (PDF). Tennessee Secretary of State files. March 2, 2023. Retrieved July 17, 2023.{{cite web}}: CS1 maint: url-status (link)
  6. ^ "Tennessee House passes controversial drag show bill". The Tennessean. Archived from the original on March 17, 2023. Retrieved February 23, 2023.
  7. ^ Allen, Jonathan (February 23, 2023). "Tennessee takes lead in Republican effort to restrict drag shows". Reuters. Archived from the original on February 23, 2023. Retrieved February 23, 2023 – via www.reuters.com.
  8. ^ "Human Rights Campaign Condemns Tennessee House for Passing Discriminatory Anti-Drag Bill and Gender Affirming Care Ban; Urges Governor Lee to Veto". Human Rights Campaign. Archived from the original on February 23, 2023. Retrieved February 23, 2023.
  9. ^ O’Neill, Shane; Kim, Caroline (June 24, 2023). "Video: Pride's Last Chance in a Tennessee City". The New York Times. 0:35. ISSN 0362-4331. Retrieved July 20, 2023.
  10. ^ Johnson, Cole (April 11, 2023). "City of Franklin set to consider 'community decency' resolution ahead of Pride permit decision". WTVF. 0:23. Retrieved July 20, 2023.{{cite news}}: CS1 maint: url-status (link)
  11. ^ Jones, Vivian (June 5, 2023). "Attorney general likely to appeal ruling on drag show law; Gov. Lee continues backing bill". The Tennessean. Retrieved July 20, 2023.{{cite news}}: CS1 maint: url-status (link)
  12. ^ "Friends of Georges, Inc. v. Steven J. Mulroy, in his official and individual capacity". Justia Dockets & Filings. Retrieved July 17, 2023.
  13. ^ "Take Their Crowns: Conservatives' Subtly Sinister[1] Criminalization of Drag and Gender Expression". University of Baltimore Law Review. April 28, 2023. Retrieved July 17, 2023.
  14. ^ "Case 2:23-cv-02176-TLP-tmp Document 14: ORDER GRANTING TEMPORARY RESTRAINING ORDER" (PDF). Free Law Project. March 31, 2023. Retrieved July 17, 2023.{{cite web}}: CS1 maint: url-status (link)
  15. ^ "Judge blocks law restricting drag shows in Tennessee". The Guardian. Associated Press. April 1, 2023.
  16. ^ Gans, Jared (June 3, 2023). "Federal judge rules Tennessee restrictions on drag shows unconstitutional". The Hill. Retrieved July 17, 2023.
  17. ^ Anders, Caroline (June 3, 2023). "Tennessee drag ban is unconstitutional, federal judge rules". The Washington Post. Retrieved July 20, 2023.{{cite news}}: CS1 maint: url-status (link)
  18. ^ Kennin, Lydian (June 30, 2023). "State AG appeals federal judge's decision to allow public drag shows in Tennessee". WMC-TV. Retrieved July 17, 2023.{{cite news}}: CS1 maint: url-status (link)
  19. ^ "Case 2:23-cv-02163-TLP-tmp Document 94: "Notice of Appeal"" (PDF). TN.gov. June 30, 2023. Retrieved July 17, 2023.{{cite web}}: CS1 maint: url-status (link)
  20. ^ "Archived copy" (PDF). Archived (PDF) from the original on February 25, 2023. Retrieved February 23, 2023.{{cite web}}: CS1 maint: archived copy as title (link)
  21. ^ Baker-Jordan, Skylar (March 2, 2023). "Why the Tennessee ban on drag shows should terrify us all". Independent. Archived from the original on March 8, 2023. Retrieved March 8, 2023.
  22. ^ a b Saxena, Jaya (March 3, 2023). "'If You Took the Drag Away, Then It's Just Another Boring Bar'". Eater (website). Retrieved July 20, 2023.{{cite web}}: CS1 maint: url-status (link)
  23. ^ a b O'Brien, Chris (June 12, 2023). "Sponsor of Tennessee 'drag law' promises future action if ban is upheld". WKRN. Retrieved July 20, 2023.{{cite news}}: CS1 maint: url-status (link)
  24. ^ City of Franklin, BOMA Work Session 4-11-2023, 48:24, retrieved July 20, 2023{{citation}}: CS1 maint: url-status (link)
  25. ^ Kindy, Kimberly (April 7, 2023). "Tennessee leads charge in passing laws targeting LGBTQ rights". The Washington Post. Retrieved July 20, 2023.{{cite news}}: CS1 maint: url-status (link)
  26. ^ Staten, Breana (March 2, 2023). "ACLU-TN Reaction to Law Targeting Drag Shows". ACLU of Tennessee. Retrieved July 21, 2023.
  27. ^ Gillespie, Brandon (March 3, 2023). "Jean-Pierre lashes out over Tennessee law banning drag shows near children: 'What sense does that make?'". Fox News. Archived from the original on March 7, 2023. Retrieved March 8, 2023.
  28. ^ Alfonseca, Kiara. "RuPaul speaks out against drag show ban in Tennessee: 'A classic distraction'". ABC News. Archived from the original on March 10, 2023. Retrieved March 10, 2023.
  29. ^ Bravo, Tony (March 11, 2023). "Bay Area performers respond to Tennessee drag ban, other anti-LGBTQ bills". San Francisco Chronicle Datebook. Retrieved July 20, 2023.{{cite news}}: CS1 maint: url-status (link)
  30. ^ "Thread: The Tennessee Drag Ban". Twitter. March 6, 2023. Retrieved July 20, 2023.{{cite web}}: CS1 maint: url-status (link)
  31. ^ Wilkes, Emma (February 27, 2023). "Paramore's Hayley Williams speaks out on new Tennessee drag ban and trans healthcare bill". NME. Retrieved July 20, 2023.{{cite news}}: CS1 maint: url-status (link)
  32. ^ "Dear fellow citizens,". Twitter. March 8, 2023. Retrieved July 20, 2023.{{cite web}}: CS1 maint: url-status (link)
  33. ^ Kurtz, Judy (March 7, 2023). "Cyndi Lauper compares anti-LGBTQ bills to Nazi Germany: 'This is how Hitler started'". The Hill. Retrieved July 20, 2023.{{cite news}}: CS1 maint: url-status (link)
  34. ^ Dailey, Hannah (June 21, 2023). "Musicians Who've Spoken Out Against Recent Anti-LGBTQ Bills: Hayley Williams, Lizzo, Ariana Grande & More". Billboard. Retrieved July 20, 2023.
  35. ^ Hansen, Candace (March 14, 2023). "'We will not be squashed': L.A.'s queer community speaks out against Tennessee drag ban". Los Angeles Times. Retrieved July 20, 2023.{{cite news}}: CS1 maint: url-status (link)
  36. ^ Griffin, Caela (March 8, 2023). "Star-Studded 'Love Rising' Benefit Concert Announced For March 20". MusicRow.com. Retrieved July 21, 2023.
  37. ^ Arena, Bridgestone. "LOVE RISING: Let Freedom Sing (and Dance) | Bridgestone Arena". www.bridgestonearena.com. Retrieved July 21, 2023.
  38. ^ Love Rising - LOVE RISING: Let Freedom Sing (and Dance) - Veeps, retrieved July 21, 2023
  39. ^ "Donate to Love Rising". Looking Out Foundation. Retrieved July 21, 2023.
  40. ^ "Tennessee town celebrates Pride as drag ban is lifted". The Washington Post via YouTube. June 5, 2023. Retrieved July 20, 2023.{{cite news}}: CS1 maint: url-status (link)
  41. ^ a b Wales, Ella (June 3, 2023). "'It's serendipitous;' Performers, state lawmakers react to judge deeming anti-drag bill unconstitutional". WATE. Retrieved July 20, 2023.{{cite news}}: CS1 maint: url-status (link)
  42. ^ Sainz, Adrian; Kruesi, Kimberlee (June 6, 2023). "Ruling on Tennessee's anti-drag law leaves questions about enforcement, next steps". PBS. Retrieved July 20, 2023.{{cite news}}: CS1 maint: url-status (link)
  43. ^ Stockard, Sam (June 6, 2023). "Governor hands drag show court case to attorney general". Tennessee Lookout. Retrieved July 20, 2023.{{cite web}}: CS1 maint: url-status (link)
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