Supreme Court Declines to Take Up Tennessee Drag Show Restrictions

The U.S. Supreme Court on Monday declined to hear a challenge to Tennessee’s law restricting some drag performances.

The 2023 law classified drag shows as "adult cabaret performances" and banned the performances from public property or in a location where it could be viewed by a minor.

The law was temporarily halted before it was set to go into effect and was then declared unconstitutional by a Trump-appointed federal judge who prevented its enforcement in Shelby County. That same year, another federal judge blocked enforcement of the law in Blount County.

In 2024, the U.S. Court of Appeals for the Sixth Circuit heard the case and reversed the decision, allowing the law to stand.

State Senate Majority Leader Jack Johnson (R-Franklin), who sponsored then-Senate Bill 3 during the 113th General Assembly, celebrated the Supreme Court’s decision.

“This court decision makes it clear that sexually explicit performances belong in spaces for adults, not in front of kids," he says in the release. "Just because an event is labeled ‘family-friendly’ doesn’t mean it’s appropriate for children or reflects Tennessee’s values.”

He continues: “This law establishes a necessary legal standard, ensuring that what is truly family friendly is clearly defined. I commend Tennessee Attorney General Skrmetti and his team for their work. We will always stand firm in our commitment to protect children.”

Friends of George’s, a Memphis LGBTQ theater group who filed the suit, said in a statement, “This ruling does not define us.” 

“Friends of George’s Theatre Company will continue exercising our First Amendment right to bring joyful, LGBTQ+ inclusive art into our community while raising thousands for charities that uphold dignity and respect for all.”

The law was spurred in part by outrage from Johnson and others at the presence of drag performers at the 2022 Franklin Pride Festival. The law caused 2023 Pride festivals across the state to adapt to the changing legal landscape. Drag performances were not held at Franklin Pride in 2023 or 2024.

Another bill also sponsored by Johnson, Senate Bill 1, which effectively banned gender-affirming care for minors, was signed into law in 2023. The Supreme Court heard arguments in that case in December and a ruling is expected in June.