The Supreme Court declined Florida officials' request to enable the state to implement a law aimed at restricting drag shows, particularly those involving children. Governor Ron DeSantis had
signed this law earlier in the year.
The case stemmed from a lawsuit by an Orlando bar, Hamburger Mary's, asserting that the law violated the First Amendment. A federal district court ruled in favor of the bar and restaurant, suggesting that the law likely breached First Amendment rights. As the case ascended to the Supreme Court, the focus shifted to procedural matters: whether the lower courts had rightfully restrained statewide enforcement.
Justice Brett Kavanaugh, with partial backing from Justice Amy Coney Barrett, clarified that the Supreme Court's deliberation didn't concern First Amendment contentions but rather the procedural aspects of the lower courts' handling of the case.
Florida's law criminalizes allowing children to attend what the state deems "sexually explicit live performances." However, Hamburger Mary's, known for hosting drag shows, comedy sketches, and dancing, doesn't impose age restrictions. The establishment, defending its stance, highlighted its identity as a family-oriented restaurant, leaving it to parents to decide the appropriateness of a particular show for their children.
Three conservative justices—Clarence Thomas, Samuel Alito, and Neil Gorsuch—suggested the law's immediate enforcement could proceed, without elaborating on their stance. Photo by Marielam1, Wikimedia commons.