A Florida law aimed at limit drag shows will remain blocked, according to recent decision by the United States Supreme Court released Thursday.
that of Florida BS 1438 – dubbed by its opposition the “Anti-Drag” bill and named the “Child Protection Act” by lawmakers – makes it a crime to allow a child to attend what the state describes as “sexually explicit shows”.
Orlando drag bar Hamburger Mary’s was sued in May, claiming the bill violated the First Amendment.
A federal district court sided with the bar and restaurant, ruling that the law likely violated the First Amendment. In its petition to the Supreme Court, Florida asked the justices to narrow the injunction issued by a lower court in July to apply only to Hamburger Mary’s.
However, the court refused to do so by 6 votes to 3with Clarence Thomas, Samuel Alito and Neil Gorsuch noting their dissents.
Here’s what you need to know about the bill’s journey, from its passage in April to its decision before the Supreme Court.
What and where is Hamburger Mary’s?
Hamburger Mary’s Bar & Grille is a drag-themed burger restaurant from San Francisco. Since 1972, the popular LGBTQ spot has opened more than a dozen locations across the United States, with the Orlando Restaurant opening in 2008.
With its offbeat atmosphere, the restaurant hosts several themed events and drag brunches every week.
Why did Hamburger Mary’s sue DeSantis?
Hamburger Mary’s filed a federal lawsuit in May 2023 against the state of Florida and DeSantis, claiming the bill was a violation of its First Amendment rights.
Orlando co-owners Mike Carpenter and John Paonessa said in their lawsuit that they were forced to cancel a series of Sunday family shows and that families had already stopped coming to the restaurant, citing a 20 percent decline. reservations. The lawsuit also said the law was too vague and limited free speech.
In a May Facebook postthe owners clarified that they believe this bill has nothing to do with children and “everything to do with the continued oppression of the LGBTQ+ community.”
What is the “Florida Anti-Trailing” Bill?
The legislation in question was Florida’s SB 1438which sought to ban children from attending “live performances for adults.” It was first approved by the Florida Legislature on April 11, 2023.
The bill, introduced by Sen. Clay Yarborough, did not explicitly reference drag shows or pride parades in the text. Instead, it focused on defining sexuality-related content that could be included in such events or “any performance, exhibition or other presentation that…depicts or simulates nudity, sexual behavior, arousal sexual activity, specific sexual activities,… obscene behavior, or the obscene exhibition of prosthetics or imitations of genitals or breasts.
- Government entities are prohibited from issuing public permits to anyone who violates the law — The bill prevents government entities such as any state, county, district, etc. to issue a permit or authorize someone to put on a performance that might violate the new law.
- Businesses that admit children to a “live adult performance” could face fines or have their licenses revoked or suspended. — Violation of the law could result in businesses paying fines of up to $10,000 and having their licenses to operate revoked or suspended.
What is the definition of sliding?
Drag is a Art form in which a person dresses in elaborate clothing and makeup designed to present an exaggerated, exaggerated version of a man or woman, often of the opposite sex.
The history of drag dates back centuries, with ancient plays in Greece in which men dressed as women and traditional mummy plays in Britain requiring the art form. As the 19th century progressed, female impersonators began performing in vaudeville shows as individual acts rather than as part of a larger play, moving the practice from simple cross-dressing to the performance.
What is drag?Has Florida banned drag shows?
Drag was a large part of New York City’s underground ballroom culture during the Harlem Renaissance in the 1920s and became associated with the marginalized and hidden LGBTQ+ community.
Recently, drag culture has been presented positively in pop culture, from “To Wong Foo, thank you for everything, Julie Newmar,” has “RuPaul’s Drag Race“Across the country, drag shows have become commonplace and widespread.
What happened when the Anti-Drag bill case came to federal district court?
Returning June 23, U.S. District Judge Gregory Presnell temporarily blocked the application of the law until a trial can decide its constitutionality.
In his ruling, Presnell called the language of Florida’s law “vague and overly broad,” particularly in its lack of definition around terms such as “live performance,” “lewd conduct” and “obscene exposure to organs.” genitals or prosthetic or imitation breasts.
“This law is specifically designed to suppress the speech of drag queen performers,” Presnell wrote.
The state asked Presnell to limit the injunction to benefit Hamburger Mary’s only, not any other business in the state. They claim the court did not have “the authority to protect any person not a party to the lawsuit” and that a statewide injunction would threaten Florida with “irreparable harm.”
A month later, Presnell rejected Florida’s request, saying the law created an “unnecessary risk of chilling free speech,” thereby imposing a First Amendment restriction on the activity.
As for the damage to Florida, Presnell pointed out that even without SB 1438, the state has obscenity laws that can protect children in these situations.
Supreme Court Comments on Florida’s SB 1438 “Anti-Drag” Law
Justice Brett Kavanaugh, joined by Justice Amy Coney Barrett, filed a short statement explaining that the State did not raise the First Amendment issue in this case, but rather the more procedural issues related to how lower courts handled the case.
He also said the court’s decision “indicates nothing about our view on whether Florida’s new law violated the First Amendment.”
Which Supreme Court justices supported the state’s request?
The three justices who reportedly granted the state’s request were Clarence Thomas, Samuel Alito and Neil Gorsuch.
Which Supreme Court justices voted against the state’s request?
The six justices who voted against the state’s request were John G. Roberts, Sonia Sotomayor, Elena Kagan, Brett M. Kavanaugh, Amy Coney Barrett and Ketanji Brown Jackson.
Is SB 1438 no longer in effect? What happens to the law now?
On November 16, higher courts sided with Hamburger Mary’s and other Florida drag shows, meaning the bill is still blocked. At least for now.
Steve Vladeck, CNN Supreme Court Analyst and professor at the University of Texas Law School, told the outlet that any challenge to the law would continue in lower courts and he cautioned against drawing broader implications from the order. THURSDAY.
“Given the emphasis on procedural issues in Justices Kavanaugh and Barrett’s separate statement, it is difficult to see broader implications for anti-drag laws from the Court’s refusal to unblock Florida’s,” he said. Vladeck told reporters Friday.
What is DeSantis’ reaction to the decision?
Jeremy Redfern, a spokesman for DeSantis, said the governor’s office was “disappointed by this particular decision” but noted that the Supreme Court “has not ruled on the merits of our law protecting children ” and predicted that the law would ultimately be “respected just in case.” merits.”
What is Hamburger Mary’s Orlando’s reaction to the decision?
Hamburger Mary’s has not yet commented on the recent Supreme Court decision.
