Supreme Court won’t hear appeal on Tennessee law banning drag shows

CNA Staff, Feb 25, 2025 / 17:20 pm (CNA).

The U.S. Supreme Court has declined to hear a challenge to a Tennessee law restricting drag performances when children are present.

The U.S. Supreme Court on Monday denied the petition to hear an appeal on the ruling, which was filed by an LGBTQ+ theater company in December 2024 after a circuit court ruled against the group.

The Friends of George’s theater company had challenged Tennessee’s Adult Entertainment Act (AEA) in 2023 soon after the law limiting “adult-oriented” performances in public was passed.

The AEA prevented “adult cabaret” performances on public property and anywhere that children might see them. The law defines adult cabaret as “adult-oriented performances that are harmful to minors” and that include “topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.”

The theater group had previously filed a lawsuit seeking to prevent the law from taking effect in their county, maintaining that the law was unconstitutional. U.S. District Judge Thomas Parker temporarily blocked the law in March 2023, but a federal appeals court later reversed the decision and dismissed the lawsuit.

The Friends of George’s theater company had argued that Tennessee’s law would go against the First Amendment right to freedom of speech by restricting its drag performances. The 6th U.S. Circuit Court of Appeals found that the company did not have legal standing to sue because its performances did not break Tennessee law.

Dissenting judge Andre Mathis argued in a 25-page dissent to the July 18, 2024, decision that the law was an “unconstitutional content-based restriction on speech.”

But proponents of legislation argue that freedom of speech does not apply to sexually explicit performances in front of children.

Attorney General Jonathan Skrmetti lauded the decision in a post on X, calling it a “big win for Tennessee.”

“Free speech is a sacred American value, but the First Amendment does not require Tennessee to allow sexually explicit performances in front of children,” Skrmetti said.

Tennessee Sen. Jack Johnson welcomed the Supreme Court decision in a post on Facebook.

“I’m proud that the United States Supreme Court has upheld yet another Tennessee law protecting our children,” Johnson said. “SB 3 ensures that Tennessee children are not exposed to sexually explicit entertainment.”

While the First Amendment protects the right to free speech, long-standing legal precedent affirms that it does not protect obscenity.

Several states have taken steps to limit adult performances in front of minors in recent years. For instance, Montana established restrictions on drag performances and drag reading events in public schools and libraries in May 2023, though enforcement of the law was blocked by a federal judge.