28-02-2025
Jackson official, LGBTQ group respond to Supreme Court denial of TN drag law case
On Monday, the U.S. Supreme Court declined a petition to hear a case concerning Tennessee's Adult Entertainment Act, upholding its constitutionality.
Passed in 2023, House Bill 9 makes it an offense to host "adult-oriented entertainment," like cabaret performances and drag shows, in public spaces where minors could potentially view them.
Supporters of the legislation say it ensures the protection of children from sexually explicit performances, while opponents, such as in the case of Friends of George's v. Mulroy, argue it violates free speech.
Per Monday's decision, the case will not be heard by the Supreme Court.
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FOG filed an injunction on Mar. 27, 2023, shortly after Gov. Bill Lee signed HB9 into law, pushing back on the constitutionality of the legislation's encroachment on free speech.
FOG, an LGBTQ+ theatre company in Memphis, has featured "drag-centric" entertainment since 2011. The troupe also works to raise money for organizations and charities that support the LGBTQ+ community.
A district court ruled in favor of FOG and prohibited the legislation from being enforced in Shelby County.
The case, which names Shelby County District Attorney Steven Mulroy as the respondent, was taken to the U.S. Court of Appeals for the Sixth Circuit where it was dismissed on July 18, 2024.
On Dec. 19, 2024, Mulroy filed a petition for the Supreme Court to review the lower court's decision. That petition was denied on Monday and upholds Tennessee's HB9.
In response to the Supreme Court's decision, the theatre company posted on its website that "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 post said. "We extend our deepest gratitude to our legal team for their valiant effort in representing us over the past two years. We are forever grateful for their advocacy, dedication and unwavering belief in our constitutional right to free expression."
In 2022, Jackson was at the forefront of the conversation concerning the parameters of adult entertainment.
Controversy concerning a drag show deemed "family friendly" was the diving board for the introduction of the legislation, sponsored by Rep. Chris Todd, R-Madison County.
Todd, along with other local legislators, spearheaded the campaign to legally object to the drag show, scheduled to be hosted at the Carl Perkins Civic Center.
Jackson Pride, a local grassroots group striving to promote inclusivity and support among the LGBTQ+ community, organized the event.
Originally set to be held in Conger Park, the event was quickly contested by local pastor and legislator outrage, and thus, prompting its relocation to the Civic Center with an age requirement.
The annual drag performance has since returned to the Civic Center with no pushback, drawing a large crowd, and is restricted to those above the age of 18.
Following the Supreme Court decision, Todd shared the following statement on Wednesday.
'I'm grateful to the United States Supreme Court for allowing the Sixth Circuit's ruling to stand, a major victory for morality and basic protections for children,' Todd said. 'Tennessee will continue to be a passionate advocate for families by supporting parental rights and protecting the innocence of minors. I continue to be proud of our state and Attorney General Jonathan Skrmetti as we fight for common sense in our nation.'
Though Jackson Pride declined to comment on the Supreme Court decision, a representative from the organization said "we don't host adult entertainment for minors."
Sarah Best is a reporter for The Jackson Sun. To support local journalism, subscribe to the Daily Briefing here.
This article originally appeared on Jackson Sun: Jackson official, Pride group react to Supreme Court drag case denial
