Appeals Court Ruling On Drag Shows Is A Win For Decency In Tennessee

The U.S. Sixth Circuit Court of Appeals chose to preserve basic standards of moral decency when it recently ruled in favor of a new Tennessee law increasing protections for children against exposure to sexually provocative live performances in our state.

Like many of the people I represent in the Tennessee House of Representatives, I was shocked in 2022 when a city leader in Jackson, TN, approved a “family-friendly” drag show in a public park. We raised legitimate concerns about the adult nature of the event, based on past shows in 2019 and 2021, and that it would be performed openly in front of children. 

I’m not sure why any parent would choose to take their child to see a grown man in a dress pretending to be a woman while performing a sexually explicit show or reading a book. But make no mistake, the goal is to normalize certain sexual behaviors by sacrificing the innocence of children and manipulating young minds. 

I filed a lawsuit, and the drag show organizers conceded to move the show indoors and only admit adults 18 years old. The battle was temporarily won, but I knew something had to be done legislatively to prevent this from happening again. 

I filed House Bill 9 to ensure these explicit adult shows are not performed where children are present. Predictably, this legislation passed in the House and Senate with overwhelming support from our Republican supermajority. No Democrat in the Tennessee General Assembly voted in favor.

To be clear, this law only applies to performances that include material harmful to minors as defined by existing state law. This includes forms of sexual content, excessive violence or sadomasochistic abuse that appeal predominately to prurient interests and lack serious literary, artistic, political or scientific value.

Establishments that host sexually explicit shows must verify that those in attendance are at least 18 years of age or older, according to the law. Failing to do so will result in a Class A misdemeanor for first-time offenders and a Class E felony for subsequent violations.

Shielding children from adult entertainment should not be controversial. However, Tennessee’s new law was challenged in court by a Memphis-based theatre company that organizes drag shows. The case ultimately revealed, among other things, that we had legitimate cause for concern in 2022 about the content these types of performances can include. 

While a board member from the theatre company testified its shows “are definitely appropriate” for a 15-year-old, videos from past shows included performers “talking about masturbation, simulating sex acts behind a curtain, and engaging in phallic humor.”

We should never be complicit in the sexualization of children. The ruling recognizes that children are an involuntary captive audience and that “there is no constitutional interest in exhibiting indecent material to minors.” I applaud the court’s decision to uphold the protections included in this new law.

This is how representative democracy works. When members of my community complained that their concerns were being ignored at the local level, I found a solution that strengthened existing state law and increased protections for the public while not infringing on anyone’s constitutional rights. 

Some will be unhappy with the court’s decision, but I am incredibly proud of our efforts. Tennessee has been on the frontlines of fighting back against the radical left’s morally misguided agenda. We are fully prepared to continue our fight to the U.S. Supreme Court if necessary to protect our children.

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State Rep. Chris Todd represents House District 73 in the Tennessee General Assembly. He is the Chair of the Agriculture & Natural Resources Committee.

The views expressed in this piece are those of the author and do not necessarily represent those of The Daily Wire.