• Tennessee Republicans banned certain adult-oriented performances in 2023.
• Opponents of the law argued its vague language could apply broadly to many drag performances, even those without explicit material.

The U.S. Supreme Court on Monday declined to hear an appeal of a lawsuit against Tennessee’s drag show restrictions, effectively ending the legal challenge against the controversial law.

The 2023 law banned “adult-oriented performances that are harmful to minors” from public property or within sight of someone who is younger than 18. The law doesn’t specifically mention drag and doesn’t necessarily apply to all drag performances.

The law targets performances that fall under the state’s obscenity restrictions, historically an extremely rigorous legal hurdle to clear in court.

Opponents of the law, though, argued the law was legally vague and could possibly lead to felony charges against any artistic production featuring “male or female impersonators” after the Republican sponsor of the bill repeatedly suggested all drag performances are inherently innapropriate for minors, regardless of their content.

Memphis-based LGBTQ+ theater company Friends of George’s first sued over the Tennessee law in 2023, claiming overbroad language in the law restricted its artistic performances.

The group was initially successful. In June 2023, a federal judge ruled against the law, calling it unconstitutional. The ruling temporarily blocked enforcement of the law in Shelby County.

But the 6th Circuit Court of Appeals later reversed the lower court’s decision. The appellate court ruled Friends of George’s lacked standing to sue over the law as its performances would have artistic value and therefore not fall under the obscenity statute.

More: Could Tennessee drag restrictions apply in private homes? How state argued before a federal appeals court

Friends of George’s petitioned the U.S. Supreme Court to reconsider the 6th Circuit ruling, but the high court on Monday declined to do so.