SCOTUS declines to allow Florida to enforce drag show restrictions

The decision follows U.S. District Judge Gregory Presnell issuing an injunction against the law in June.

Published: November 16, 2023 8:17pm

The Supreme Court on Thursday rejected a bid from Florida to partly reinstate its law prohibiting drag shows that admit minors.

Conservative justices divided on the matter, with Associate Justices Brett Kavanaugh and Amy Coney Barrett siding with the majority in opposition to the state's request, while Associate Justices Clarence Thomas, Neil Gorsuch, and Samuel Alito dissented, The Hill reported. The decision sends the case back to the appellate court.

The Sunshine State in late October asked the nation's top bench to allow partial enforcement of the law, after a lower court judge struck it down on constitutional grounds. The state had sought to enforce the law everywhere except the restaurant that brought the suit.

The decision follows U.S. District Judge Gregory Presnell issuing an injunction against the law in June. A panel of the 11th Circuit Court of Appeals then rejected Florida's bid for a partial stay in October before the state took the matter to Washington.

The Florida law permits the Department of Business and Professional Regulation to revoke the liquor license of a venue that permits children to attend drag performances. One such restaurant, Hamburger Mary's, sued the state.

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

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