The Supreme Court has dealt a blow to Florida Governor Ron DeSantis by preventing the temporary enforcement of a law that would punish venues for allowing children to attend drag shows. The law, known as the Protection of Children Act, was signed into law by DeSantis in May and makes it a first-degree misdemeanor to admit children to sexually explicit adult live performances. This includes drag shows, which the law specifically targets. However, a Florida District Judge, Gregory Presnell, blocked the law in June, ruling that it was designed to suppress the speech of drag queen performers and that existing obscenity laws already provide the necessary authority to protect children.

The Supreme Court's ruling came after Florida requested that the court narrow the state-wide injunction to only apply to Hamburger Mary's, a popular Orlando restaurant that hosts “family-friendly” drag shows. The restaurant had filed a lawsuit against the state, claiming that the law violated its First Amendment rights to free expression. The court's order rejected Florida's request and kept the injunction in place.

Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch indicated that they would have allowed the law to be implemented, while Justices Brett Kavanaugh and Amy Coney Barrett, who authored the high court's statement explaining the ruling, made it clear that the denial of the stay does not indicate the court's view on whether the law violates the First Amendment. They argued that Florida's application for stay did not raise the First Amendment issue and that the case is an "imperfect vehicle" to address the question of whether district courts have the power to prevent the enforcement of a law against non-parties.

The case has now been sent back to the 11th U.S. Circuit Court of Appeals for the full appeal, after which it may return to the Supreme Court. Florida Attorney General Ashley Moody has argued that the lower court's injunction has prevented the state from enforcing its law, to the detriment of Florida's children and the state's sovereign prerogative to protect them from harm.

The Protection of Children Act is part of a broader legislative package that DeSantis signed into law in May. The package also includes measures targeting gender-reassignment surgery for children, instruction on sexual orientation and gender identity in schools, and gender-neutral bathrooms. DeSantis, who is seeking the 2024 Republican presidential nomination, has positioned himself as a champion of "parental rights," which has become a prominent issue among the GOP field.

The ruling has significant implications for establishments that host drag shows in Florida. Hamburger Mary's, the restaurant that brought the lawsuit against the state, had been forced to ban children from all shows due to the law. The restaurant argued that the law would not only infringe on its First Amendment rights but also negatively impact the artists who perform at the establishment and work in other venues across the state. Cancelling or censoring performances to comply with the law would limit creative expression and public conversation through performance art.

As the legal challenge continues, the Supreme Court's decision to maintain the injunction against the law's enforcement is seen as a victory for opponents who argue that it infringes on free expression and unfairly targets the LGBTQ+ community. The case will now proceed through the appeals process, potentially culminating in another appearance before the Supreme Court.