Tennessee is set to become the first US state to ban drag

[garbon]

Beebs must be happy that this 'sexualised' performances are now banned.

https://finance.yahoo.com/news/tennessee-first-us-state-ban-204400321.html

Tennessee lawmakers passed a bill banning drag shows in public on Thursday, sending the measure to the Republican Governor Bill Lee's desk.

The law would make Tennessee the first state to ban public drag, which could also affect LGBTQ+ pride celebrations and transgender people who are in shows of any kind. There are currently 20 bills in 15 US states aimed at drag queen performances.

It's well-documented thin economic literature that discrimination against LGBTQ+ people damages their economic, physical, and mental well-being. Additionally, discriminatory bills like the one in Tennessee can lower a nation's GDP.

In past years, bills in other states that targeted transgender people prompted strong negative reaction from business leaders, out of concern that discriminatory legislation would make it more difficult to woo clients, talent and corporate relocations.

Several of the US' largest corporations have decried the recent legislation as an attempt to erase protections for transgender people. (It's unclear if any companies have donated money to stop the bills).

In Tennessee's bill, a first offense would be treated as a misdemeanor, but a second offense would be treated as a felony.

Erin Reed, a queer legislative researcher and transgender rights activist, said the language of the bill is very broad and doesn't differentiate between trans people and drag performers. The bill says "male and female impersonators" cannot "provide entertainment that appeals to prurient interest."

"Drag queen story hours will no longer be rushed by proud boys, but cops," Reed said on Twitter.

[viper37]

Beebs must be happy that this 'sexualised' performances are now banned.

[grumbler]

I'll admit that, while I don't actually understand what they think that they are banning (articles about it are very vague), I suspect that these bills are show pieces, passed knowing that they violate the First Amendment and will be struck down.  Lots of opportunities for OUTRAGE!!! posturing by the Right here.

[OttoVonBismarck]

I would tend to agree, I think there's two elements:

1. The Supreme Court has ruled that something that solely appeals to a prurient interest, isn't protected speech, and it can be restricted, vis-a-vis the Miller Test.

2. The scope of what can practically be prohibited appears to be fairly narrow, based on how jurisprudence stemming from Miller has evolved since the 1970s.

3. I'm not familiar with the scope of Miller being applied to how someone dresses in public, but usually more to published works of media (film, photography, etc.)

I think obtaining a conviction would be difficult under the text of the statute (assuming the news article summarized it correctly--I haven't read the bill), and as grumbler says I think if you obtained such a conviction it would likely not survive judicial challenge.

It's notable that the community standard and national standard part of the Miller test would seem to trivially protect drag as not being out of the norm--we have had drag queens on national broadcast television since at least the 1990s and maybe earlier, and there's several mainstream reality shows right now focusing specifically on drag queens. Again, this statute applies to in person displays which is a little different.

A State can certainly criminalize indecent exposure and things of that nature, but making subjective judgements on how "appropriate" a person's attire is vis-a-vis their biological sex, and determining it is "drag" because someone isn't dressed manly or womanly enough, and then determining it is prurient...just seems like a legal fiction that you can even prosecute these cases.

But I imagine some local official will try, this is being done for PR purposes and going after a LGBT person will further that end. I imagine someone will very intentionally try to break the law to be the test case right away.

[Valmy]

I have to say I never even thought that drag shows were for prurient interests. I always thought they were just kind of goofy and subversive of gender norms.

[Jacob]

I have to say I never even thought that drag shows were for prurient interests. I always thought they were just kind of goofy and subversive of gender norms.

The American right seems intent on equating "subversive of gender norms" with "prurient interest".

[Richard Hakluyt]

Don't think the American right would like pantomime then :

https://en.wikipedia.org/wiki/Pantomime#:~:text=Pantomime%20is%20a%20participatory%20form,out%20phrases%20to%20the%20performers.

[Sheilbh]

Les Dawson: Banned in Tennessee

[Richard Hakluyt]

Yeah, Dawson and all those other northern comedians, all members of the wokerati 

[Tonitrus]

It's a bit more of a wider net than just drag:

Obscenity and Pornography - As introduced, creates an offense for a person who engages in an adult cabaret performance on public property or in a location where the adult cabaret performance could be viewed by a person who is not an adult. - Amends TCA Title 7, Chapter 51, Part 14.

https://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=SB0003&GA=113

"Adult cabaret is defined in Tennessee law as:

"Adult cabaret" means a cabaret that features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers;

[Caliga]

There is a similarly disgusting initiative here in Kentucky right now.  As I enjoy attending drag shows, I'll probably donate to the opposition.

[Admiral Yi]

Does that mean that nudie bars are or will be banned in Tennessee?

The one time I drove into Alabama I was gobsmacked they were banned there.

[viper37]

Does that mean that nudie bars are or will be banned in Tennessee?

The one time I drove into Alabama I was gobsmacked they were banned there.

Not by this law.  Nudie bars aren't public property and they shouldn't be seen by minors already.

A public library with such show would be cancelled however:
https://barbada.ca/lheure-du-conte-par-barbada/

[Valmy]

Yeah we are talking about fully clothed people being thrown into prison here for...wearing the wrong clothes.

[viper37]

Yeah we are talking about fully clothed people being thrown into prison here for...wearing the wrong clothes.

That's totally silly.  But in the 20+ years I've been on online forums, nothing would really surprise me of some US States.