The United States Supreme Court will not be hearing the lawsuit filed by Memphis theater group, Friends of George’s, regarding the state’s ban on drag performances.
According to the Supreme Court website, a petition for the court to hear the case was denied on Monday.
In September, the United States Sixth Circuit Court of Appeals refused to hear the suit after all judges in the court received a petition to review it as a full court.
Prior to this decision, the same court reversed the U.S. District Court of the Western District’s decision to halt the enforcement of the controversial law. According to Friends of George’s the court decided in a 2-to-1 ruling that they lacked standing, which led to the lawsuit being dismissed.
Judge Andre Mathis of the Sixth Circuit Court wrote in his dissent that part of Tennessee’s Adult Entertainment Act (AEA) was an “unconstitutional content-based restriction on free speech.”
The law stated that these “adult cabaret performances” were “harmful to minors.” It made “adult cabaret performances” on public property or “in a location where the adult cabaret performance could be viewed by a person who is not an adult” a criminal offense.
Mathis said that the theater group had the right to sue since the law could stop them from doing their shows. However, the Tennessee Attorney General’s office argued that since the company hadn’t been harmed by the law, they couldn’t sue.
Chris Sanders of the Tennessee Equality Project (TEP) called the ruling “very sad” in a post on Facebook, and noted that other organizations could still sue on similar grounds.
“We are so grateful to Friends of George’s and their attorneys for all their work in defending our community,” Sanders said. “In the future, however, there could be other suits with other plaintiffs and the courts may decide they have standing to sue, which was the issue here. “
Tennessee Attorney General Jonathan Skrmetti called the decision a “big win for Tennessee, adding that they will “continue to defend Tennessee’s law and children. … Free speech is a sacred American value, but the First Amendment does not require Tennessee to allow sexually explicit performances in front of children,” Skrmetti said.
Friends of George’s released the following statement:
“On February 24, 2025, the U.S. Supreme Court declined to hear our case, allowing Tennessee’s Adult Entertainment Act to stand. But 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.
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.”
