Florida asks Supreme Court to allow partial enforcement of ban on children attending drag shows

Associate Justice Clarence Thomas will hear the state's request.

Published: October 26, 2023 4:09pm

Florida has asked the Supreme Court to permit the enforcement of its ban on children attending "adult live performance" after the appellate court refused to stay an injunction against the measure.

The request for an emergency stay follows U.S. District Judge Gregory Presnell's issuing an injunction against the Protection of Children Act in June. The state had requested the 11th Circuit Court of Appeals impose a partial stay, though a panel of judges rejected that bid in a 2-to-1 decision earlier this month, the National Review reported.

Florida law empowers the state's Department of Business and Professional Regulation to revoke a business's liquor license should the venue permit children to attend drag performances. Hamburger Mary's, a restaurant that has previously hosted drag events for patrons of all ages, sued the state on First Amendment grounds.

The state seeks to limit Presnell's initial injunction to apply solely to Hamburger Mary's rather statewide. Associate Justice Clarence Thomas will hear the state's request.

Florida's policies relating to LGBT issues have drawn national scrutiny and prompted myriad advocacy groups to issue travel advisories warning members of such groups not to visit the Sunshine State.

The Human Rights Campaign in May issued a travel warning, following the lead of the state's largest LGBT group, Equality Florida, did so in April.

"Because of Ron DeSantis and his frenzied appeal to extremists, LGBTQ+ people in Florida are finding themselves in a state of emergency every single day. Since the day he took office, Governor DeSantis has weaponized his position to weave bigotry, hate, and discrimination into public law for his own political gain," HRC President Kelley Robinson said at the time.

Ben Whedon is an editor and reporter for Just the News. Follow him on X, formerly Twitter.

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