Written by Ashton Snyder on
 February 25, 2025

Supreme Court refuses to consider challenge to Tennessee drag show law

A legal battle over Tennessee's groundbreaking drag performance restrictions takes an unexpected turn at the nation's highest court.

According to The Hill, the Supreme Court rejected a challenge to Tennessee's controversial law limiting drag performances, allowing the first-of-its-kind legislation to remain largely in effect.

The decision comes after Friends of George's, a Memphis-based theater company, sought the high court's intervention following a federal appeals court ruling. The theater group, which produces drag-centric performances and comedy sketches, had initially succeeded in having the law declared unconstitutional by a Tennessee court, but the victory was short-lived when the 6th U.S. Circuit Court of Appeals reversed the decision in July.

State law targets public adult-oriented performances

The Republican-dominated Tennessee Legislature enacted the restrictions in 2023, expanding the state's definition of adult cabaret entertainment. The law now encompasses performances by "male or female impersonators" alongside topless and exotic dancers, specifically targeting shows deemed "harmful to minors."

Tennessee's legal framework defines harmful content as material lacking "serious literary, artistic, political or scientific values" while appealing to "prurient, shameful or morbid interests." The 6th Circuit's interpretation specified that the law only prohibits performances lacking value for a reasonable 17-year-old.

The theater company challenged this interpretation, arguing it improperly narrowed the law's scope. However, the appeals court maintained that Friends of George's performances would not violate the law since they were not considered harmful to minors.

Republican push meets resistance nationwide

The Tennessee law is part of a larger effort by Republican-led states to limit drag performances. GOP lawmakers often claim these shows are unsuitable for children.

Former President Trump reinforced this stance by making changes to the leadership of the Kennedy Center board. He shared the decision on Truth Social, criticizing what he called "anti-American propaganda."

The president's criticism specifically targeted a drag performance held at the cultural center last year, using it as partial justification for his decision to terminate several board members and appoint himself as chairman.

Advocates for drag performance maintain that the art form serves as a vital medium for self-expression, challenging traditional gender norms and promoting inclusivity within communities.

Legal precedent shapes future regulations

The Supreme Court's decision to let Tennessee's law stand creates significant implications for similar legislation across the country. By declining to hear the case, the high court effectively allows states to proceed with comparable restrictions on drag performances.

The case centered on Friends of George's theater company, whose legal standing was questioned by the 6th Circuit despite their regular production of drag-centric performances outside age-restricted venues. The appeals court's ruling focused on the specific requirement that performances must be deemed harmful to minors to fall under the law's restrictions.

This development marks a crucial moment in the ongoing national debate over drag performance regulations, as Tennessee's pioneering legislation remains largely intact and may serve as a template for other states considering similar measures.

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