The U.S. Supreme Court refused on Thursday to grant a stay reinstituting a Florida law that banned children from attending drag shows in the state.
Justices Brett Kavanaugh, Amy Coney Barrett, and John Roberts voted with the liberal wing of the court on the ruling, but the case could be revisited in the future if the litigants approached it in a different way, according to Kavanaugh.
“To begin with, although Florida strongly disagrees with the District Court’s First Amendment analysis, Florida’s stay application to this Court does not raise that First Amendment issue,” Justice Kavanaugh wrote, explaining his vote. “Therefore, the Court’s denial of the stay indicates nothing about our view on whether Florida’s new law violates the First Amendment.”
The Protection of Children Act was signed by Florida Governor Ron DeSantis (R) in May after being passed by the legislature. It prohibited children's attendance at “adult live performances” that feature sexual or lewd conduct.
It didn't directly mention drag shows but was intended to stop drag performers from advertising their shows as "family-friendly."
The court also said that the 11th Circuit Appeals Court had to hear the case before it would consider any action.
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