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Tennessee: federal judge blocks law banning drag performances in the presence of minors

The Department of Justice made the decision on the same day that the law signed by the state's governor, Bill Lee, went into effect.

niña, desfile orgullo gay, trans, niños, género

FELGTB / Flickr

Published by
Alejandro Baños

The federal judge for the Western District of Tennessee, Thomas Parker, temporarily blocked the law signed by Tennessee Governor Bill Lee prohibiting drag performances in the presence of minors or in public places. The law went into effect on April 1.

In early March, Tennessee became the first state to make these obscene performances illegal in the presence of children, in public places or places of worship. Parker argues that Governor Lee's ban is "probably vague and overly broad," and that these performances pose "no risk to anyone."

Another argument used by the federal judge is that the state must follow the guidelines of the U.S. Constitution when passing such a law:

If Tennessee wishes to exercise its police power in restricting speech it considers obscene, it must do so within the constraints and framework of the United States Constitution. The Court finds that, as it stands, the record here suggests that when the legislature passed this Statute, it missed the mark.

Violating the rule could result in imprisonment of up to six years

At the end of February, the Tennessee General Assembly passed SB3. The new bill, sponsored by Republican lawmakers Chris Todd and Jack Johnson, would make it a crime for "a person to engage in an adult cabaret performance on public property or in a place where it may be viewed by persons other than adults.” A few days later, Governor Lee signed the bill into law.

The Department of Justice could charge violators with a misdemeanor punishable by a $2,500 fine and one year in prison. Repeat offenders will face a financial penalty of $3,000 and a prison sentence of up to six years.

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