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Tennessee drag ban is unconstitutional, judge says

A federal judge has struck down a Tennessee law that banned drag shows in public or where children could watch them is unconstitutional, writing that the measure was passed “for the impermissible purpose of chilling constitutionally-protected speech.”

In his ruling issued Friday, U.S. District Judge Thomas Parker wrote that the law violates First Amendment freedom of speech protections and was “unconstitutionally vague and substantially overbroad.”

The law, which Tennessee Gov. Bill Lee (R) signed in March, would have criminalized “adult cabaret entertainment,” punishing first-time offenders with misdemeanors. Repeat offenders could face felony charges and prison sentences of up to six years if convicted.

The bill was one of at least 26 introduced across the nation this year taking aim at drag events. This sudden rush to regulate and ban drag shows, largely by arguing that the performances are harmful to minors, is part of the wider conservative backlash to expanded LGBTQ rights. Tennessee lawmakers passed a separate bill earlier in February, banning gender-affirming care for most transgender minors.

Parker had issued a preliminary injunction at the end of March to block the law from taking effect, agreeing with Friends of George’s, a Memphis-based theater group that produces drag and other performances, that it was too broad.

Drag performers speak out about how a now-halted law could impact their lives, and a larger conservative effort they see against trans people. (Video: Jon Gerberg/The Washington Post)

This is a developing story that will be updated.

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