Overnight, the trial brief — essentially the formal application for a TRO / Preliminary and Permanent Injunction (all rolled into one) in the federal district courthouse in Memphis was filed by a bar group called “Friends of George”.
This law, Tenn. Code Ann. § 7-51-1407, has already been stayed in this same courthouse, while the able USDC Judge hears argument. But this will make it official: Tennessee cannot save this facially invalid law. [And yes, that’s the current GOP TN Governor, in 1977 — when he himself would have gladly (in fact did) openly violate this supposed law. Charming. I did the same, as a football and basketball captain — in high school — and I think this also proves Tennessee has lost its way. It doesn’t mean that Gov. Lee should be jailed (for this, at least). The Jones / Johnson / Pearson matter…? Perhaps — but I digress.]
This nutty law is one that purports to criminalize… dance. And / or makeup. But only if worn (or performed) by humans born with any male genital parts.
Humans born with any female genital parts may continue to dance in public and wear as much eye-liner, rouge, bronzer or pale pancake as they like — may put on hair weaves, and may wear very short skirts and falsies (or… get breast implants and Brazilian butt implants if they desire).
All of that would be plainly lawful, under the nonsense “law”. And these same women may dance, or twerk, any way they please — in front of children of any age.
Not a single bible thumping legislator cares one wit about that.
But if a person born with male genitalia might do this (whether they’ve had surgery or not)… off to jail, with them!
And so, simply carefully describing how the statute operates… is to prove its facial invalidity, under our First Amendment.
See ‘ya TN GOP (your Tenn. Code Ann. § 7-51-1407 “law” is… toast) — BTW, howz’ that “super-majority” working for ya’, now?!
Out.
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