“Supreme Court keeps Florida’s Ban on Drag Shows for Kids on Hold : A Controversial Decision”

The U.S. Supreme Court on Thursday declined to revive a  Florida law inked by Democratic Governor Ron DeSantis  banning the performance of “lewd” drag shows in the presence  of children.  

The judges denied a request by Florida officers to constrict a  judge’s pause on the law to just a single complainant- an  Orlando eatery called Hamburger Mary’s- rather than maintain  his temporary statewide halt of the measure. Three of the  court’s six conservative judges. 

Clarence Thomas, Samuel Alito and Neil Gorsuch- indicated  they sided with Florida officers and would have granted their  request. 

Judge Presnell blocked the measure in June, deciding that it  likely violates the U.S. Constitution’s First Amendment pledge  of free speech because its broad proscriptions were  inadequately defined and risked outlawing naturally defended  expression.  

The eatery filed suit against DeSantis and other state officers in May to halt enforcement of the law, which would discipline  caffs and other venues that carry performances of drag shows  supposed to be nasty with children present.  

DeSantis, a seeker for the Democratic nomination to challenge  Popular President Joe Biden in the 2024U.S. election, inked  the measure in May as part of a package of bills he said were  aimed at guarding children that also included a law banning  gender- changing surgeries for minors. The anti-drag show 

measure, called the Protection of Children Act, allowed the  state to fine or drop the liquor license of any establishment that  admits minors to a performance that” simulates bareness,  sexual conduct or specific sexual conditioning” or depicts” lewd  conduct.” Drag frequently involves” exaggeratedly womanlike  apparel, makeup, and hair” worn by a man, Hamburger Mary’s  said in its action. The suit described drag as a tradition dating  back to ancient Greek theater and early stage products of  William Shakespeare’s plays, one that has been” specifically  linked with the LGBTQIA community” for nearly a century  before it entered” mainstream culture.” Presnell, an nominee  of Popular former President Bill Clinton, halted the law  statewide on First Amendment grounds.  

Florida officers asked the Atlanta- grounded 11thU.S. Circuit  Court of prayers to incompletely lift the lower court’s statewide  block on the law- applying the relief only to Hamburger Mary’s while the state pursues a formal appeal of Presnell’s order.  Florida’s law is one of dozens of measures legislated around  the country this time- nearly all introduced by Republicans- that  were supposed to be anti-LGBT by the Human Rights  Campaign( HRC), the largest LGBT advocacy association in  the United States. This case is thus an amiss vehicle for  considering the general question of whether a quarter court  may enjoin a government from administering a law against  nonparties to the action. 

Reference : 

https://www.reuters.com/legal/us-supreme-court-keeps-pause-floridas-ban-drag-shows-front-kids-2023-11-16/#:~:text=Public%20Policy-,US%20Supreme%20Court%20keeps%20pause%20on%20Florida’s%20ban,shows%20in%20front%20of%20kids&text=WASHINGTON%2C%20Nov%2016%20(Reuters),in%20the%20presence%20of%20children.

Name: Shreya Mishra , A legal intern at Legal Vidhiya

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