Trump-Appointed Judge Deals Blow to Republicans' Drag Ban

A judge appointed by former President Donald Trump dealt a blow to Tennessee Republicans' new law that would effectively ban public drag performances just hours before it was set to go into effect.

Last month, Tennessee Governor Bill Lee signed into a law legislation that would ban "adult cabaret entertainment" in public areas that can be viewed by minors, making it the first state to criminalize some drag performances. The law applies to a wide array of performers including "go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers," but has made headlines for its emphasis on drag queens.

The law was passed amid conservatives' nationwide push for restrictions regarding LGBTQ+ rights, specifically for transgender individuals and drag queens. Republicans argue these laws are necessary to protect children. Critics, however, call attention to the lack of data to back up concerns that drag queens pose a threat to children, viewing the legislation as unfairly targeting the LGBTQ+ community.

However, Republicans' attempt to ban drag performances in Tennessee hit its latest roadblock on Friday, when Judge Thomas Parker temporarily halted the law, just hours before it was set to go into effect on Saturday.

Parker, who serves as a judge for the United States District Court for the Western District of Tennessee, ruled against Republicans in a 15-page ruling. He was appointed by Trump, who has voiced support for policies restricting LGBTQ+ rights in the past.

Parker sided with a Memphis-based LGBTQ+ theater organization Friends of George's that filed a lawsuit challenging the new law last week. The temporary halt will last for at least two weeks, according to The Commercial Appeal, a Memphis daily newspaper.

Parker pointed to his concerns about the law infringing on the United States Constitution.

He wrote that while states are "laboratories of democracy" that can "test laws and policies enacted by The People," these laws still have "constraints" from the U.S. Constitution, which in the First Amendment prohibits lawmakers from passing bills restricting the freedom of speech.

"The United States Constitution—a law that is supreme even to the Tennessee General Assembly's acts—has placed some issues beyond the reach of the democratic process," Parker wrote. "First among them is the freedom of speech."

Parker continued: "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."

He also raised concerns about the vagueness of the law.

"A law is unconstitutionally vague if individuals of 'common intelligence must necessarily guess at its meaning and differ as to its application,'" he wrote.

Meanwhile, other Republican-led state legislatures have put forward bills that have been criticized as targeting the LGBTQ+ community. Kentucky has also introduced a bill that would crack down on drag shows. According to the American Civil Liberties Union (ACLU), at least 435 anti-LGBTQ+ bills have been introduced across the country.

Newsweek reached out to the Tennessee Republican Party for comment via email.