Tennessee House passes second bill to restrict drag performances

Tennessee House lawmakers have advanced a second bill targeting drag shows in the state, seeking to expand a first-of-its kind law passed last week that criminalizes certain drag performances.

Tennessee House Bill 30, introduced in January by state Rep. Clay Doggett (R), would amend state law to prohibit minors from attending performances that feature “adult cabaret” entertainment, which the proposed legislation defines as entertainment that is “erotic in nature” or that features exotic dancers or a “male or female impersonator.”

The measure passed Monday on a 72-24 vote along party lines. It now heads to the GOP-controlled state Senate for consideration, where it is expected to pass.

“Adult cabaret” entertainers under Doggett’s bill would also need to obtain a state-issued permit if they want to be paid for their work — a provision that has sparked concern within the LGBTQ community that the measure would force performers to submit to being surveilled.

“This essentially allows the government to maintain a list of drag and trans performers,” Allison Chapman, an independent legislative researcher and LGBTQ activist, wrote Tuesday on Twitter.

Doggett argued this week that the permits, which would be issued by each county’s adult-oriented establishment board, are simply another way for the state to protect children from performances considered by the state to be inappropriate or sexually explicit.

“All we are doing is stating that a permit will be required for adult cabaret performance, which is defined as being harmful to minors,” Doggett said Monday on the House floor, citing a newly passed state law that, beginning April 1, will bar drag performances from taking place within 1,000 feet of public parks, schools or places of worship. “A permit will be required if compensation is received.”

Tennessee last week became the first state in the nation to enact a law restricting drag performances, though similar legislation is under consideration in several other states. 

The new law will charge first-time violators with a Class A misdemeanor, punishable by a $2,500 fine and up to a year in jail. Any subsequent offenses will be classified as a Class E felony, carrying a maximum six-year prison sentence.

Tennessee Gov. Bill Lee (R) signed the measure into law even as a photo appearing to show a teenage Lee dressed as a woman surfaced online. Lee shamed reporters last week when asked about the photo.

Tennessee Gov. Bill Lee delivers his State of the State Address in the House Chamber, Monday, Feb. 6, 2023, in Nashville, Tenn. (AP Photo/Mark Zaleski)

“What a ridiculous, ridiculous question that is,” Lee said in response to a question from the press about the photo. “Conflating something like that to sexualized entertainment in front of children … which is a very serious subject.”

On Tuesday, the Human Rights Campaign, a national LGBTQ advocacy organization, used the photo of Lee in a full-page ad in The Tennessean to protest multiple efforts by state leaders to restrict LGBTQ rights.

”Actions have consequences,” the group tweeted Tuesday. “When you attack our rights, we will call out your hypocrisy at every turn.”

The Tennessee House on Tuesday also passed additional legislation to allow government employees responsible for solemnizing marriages to refuse to marry couples based on their religious beliefs. The measure is expected to have easy passage through the state Senate, where there are 27 Republican lawmakers and six Democrats.