Supreme Court Refuses To Reinstate Florida’s Anti-Drag Show Law

The U.S. Supreme Court rejected Florida’s request to temporarily suspend a judge’s ruling that prevented the state from the enforcement of a newly enacted law that bans minors from drag shows.

The state filed a request with the 11th Circuit Court of Appeals to stay Judge Gregory Presnell‘s ruling. However, the panel was divided and ultimately denied the request.

The decision not to grant the stay, requested by Florida, received a majority agreement from the court. Justice Brett Kavanaugh, in opinion with Justice Amy Coney Barrett, expressed that the court was unlikely to grant a full review of the case and said their refusal to reinstate the Florida law does not reflect their view about whether it violates the First Amendment.

The restaurant chain Hamburger Mary’s is known to host drag and comedy shows. In May, they filed a lawsuit against the state of Florida that challenged the constitutionality of Florida’s Protection of Children Act. It argued that the law, signed by Gov. Ron DeSantis (R), was overly broad and infringed upon the right to free speech protected by the First Amendment.

The law specifically prohibits the admittance of minors into “adult performances.” DeSantis claimed that drag shows sexualize children.

In June, Judge Presnell, an appointee of former President Bill Clinton, granted a preliminary injunction in favor of Hamburger Mary’s, which effectively prevented the state’s enforcement of the law.

Judge Presnell determined that while some individuals might consider drag performances inappropriate, they do not necessarily meet the legal threshold of obscenity. He noted that under Florida law, minors are allowed to attend R-rated movies at theaters if accompanied by a parent or guardian. He emphasized that these films often contain content that is “at least as objectionable” as the content addressed by the recently enacted law.

Jeremy Redfern, a spokesperson for the DeSantis administration, said he was disappointed with the Supreme Court’s decision but expressed confidence that the 11th Circuit would ultimately uphold the law based on its merits.