Governor. Bill Lee signed Senate Bill 3, which prohibits drag performances in public spaces on Thursday, March 3. This law will go into effect on July 1, 2023.
According to the Tennessee General Assembly, the law defines “adult cabaret performances,” as “a performance in a location other than an adult cabaret that features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators who provide entertainment that appeals to a prurient interest, or similar entertainers, regardless of whether or not performed for consideration.”
The law also describes an “entertainer” as someone who provides “Entertainment within an adult-oriented establishment, regardless of whether a fee is charged or accepted for entertainment and regardless of whether entertainment is provided as an employee, escort, or an independent contractor.”
Earlier this week, Governor Bill Lee said that he had planned on signing the bill into law, saying that that this bill is targeted towards protecting children that are “potentially exposed to sexualized entertainment,to obscenity,” and “we need to make sure that they’re not.”
Opponents of the law have argued that drag is not about anything sexual. Drag performer Kelly McDaniel, also known as Keleigh Klarke, told the Flyer in 2022 that for him, drag is not about anything of a sexual nature.
“Drag for me is all about my expression of that character that I play. It is an expression of my feminine side, but there’s nothing of a sexual nature attached to it.”
Many activists ,performers, and organizations have been vocal about why they oppose this law.
In a statement, the American Civil Liberties Union of Tennessee (ACLU-TN) said that the law prohibits performances that are “harmful to minors,” and explained the legal definition of this phrase in Tennessee.
“While some lawmakers have expressed their intent to ban all drag shows in Tennessee, the legal definition for ‘harmful to minors’ in Tennessee is very narrow and only covers extreme sexual or violent content with no artistic value. Drag performances do not inherently fall into this category and are protected by the First Amendment,” said the statement.
Stella Yarborough, legal director of ACLU-TN said that they are “concerned that government officials could easily abuse this law to censor people based on their own subjective viewpoints of what they deem appropriate, chilling protected free speech and sending a message to LGBTQ Tennesseans that they are not welcome in our state.”
The ACLU-TN also said that they plan to challenge the law if it “punishes a drag performer or shuts down a family-friendly event.”
Local activist and drag performer, Moth, Moth, Moth (Mothie for short,) has been vocal about their opposition of the bill for months. On March 1, Mothie posted on their Instagram page that they were waiting for Governor Bill Lee at the unveiling of the new Georgette & Cato Johnson YMCA in Whitehaven.
“In the room waiting for the fascist governor @billleetn to speak here in memphis. Bill wants your daughters barefoot and pregnant. Your sons to be soldiers. For gay people to simply not exist,” the post said.
In another Instagram post, Mothie explained that they were removed from the room after saying “Bill Lee is a fascist,” and “drag is not a crime.”
“As drag artists, queers, trans people, and the greater lgbtqia community -Our reputations and livelihoods have been attacked again and again. Our cultural contribution belittled and fetishized by fascist leaders who are only invested in lobbyists and special interests,” Mothie said. “I will not stand by as my community and artform are used for political war games precipitated on pure lies and false narratives and far right propaganda.”
