Florida Governor Ron DeSantis' recent anti-drag show law was blocked by a federal judge on Friday, who cited in his decision a potential conflict with another of the state leader's signature pieces of legislation.
In recent weeks, the governor signed a raft of legislation targeting the rights of transgender individuals in Florida, including laws that block teachers from using the preferred pronouns of transgender students and that prevent gender-affirming care from being covered by Medicaid. One of the laws, which took effect on May 17, sought to block venues from hosting "adult live performances" when children might be present, in an effort to target drag shows. The law was, however, heavily criticized for its vague definitions, which could potentially be used to ban all drag shows no matter if children are actually present, or ban the performances of certain Shakespeare plays, among other things.
On Friday, U.S. District Judge Gregory Presnell of Orlando blocked the enforcement of DeSantis' anti-drag show bill, as well as the gender-affirming care Medicaid coverage ban, citing the law's vague nature and likely unconstitutionality. The decision came after a Florida restaurant, Hamburger Mary's, sued the state, arguing that it had hosted family-friendly drag shows for 15 years and that the state already had laws in place to protect children from "lewd, sexually explicit, obscene, vulgar, or indecent displays."
In explaining the decision, Presnell cited the potential for the law to have an "inevitable clash" with the state's "Parental Bill of Rights" law, a signature piece of legislature signed by DeSantis in July 2021, aimed at guaranteeing the ability of parents to make the decisions they deem best for their children.
"This concern rings hollow, however, when accompanied by the knowledge that Florida state law presently and independently... permits any minor to attend an R-rated film at a movie theater if accompanied by a parent or guardian," Presnell said, in response to claims from the state that blocking the law would expose children to inappropriate content.
Responding to Newsweek, a spokesman for DeSantis said the state is moving ahead and will seek an appeal of the judge's decision.
"Of course it's constitutional to prevent the sexualization of children by limiting access to adult live performances," the governor's press secretary Jeremy Redfern said. "We believe the judge's opinion is dead wrong and look forward to prevailing on appeal."
Florida's legislation is among a handful of similar anti-drag legislation passed by Republican-controlled state governments across the country, as part of an ongoing anti-LGBTQ+ trend within the party. Republicans argue these laws are necessary to protect children. Critics, however, call attention to the lack of data to back up concerns that drag queens pose a threat to children, viewing the legislation as unfairly targeting the LGBTQ+ community.
Updated 6/26/2023, 10:03 a.m. ET: This article was updated to reflect a statement sent by a DeSantis press secretary.
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Thomas Kika is a Newsweek weekend reporter based in upstate New York. His focus is reporting on crime and national ... Read more
