In a recent ruling, a U.S. judge has blocked a new Florida law that sought to restrict drag performances, marking the third time this month that federal courts have intervened to halt laws related to gender or LGBTQ matters, which were supported by Florida Governor Ron DeSantis. The rulings have predominantly been based on concerns over potential infringements on individuals’ constitutional rights.
U.S. District Judge Gregory Presnell of the Middle District of Florida issued the injunction, preventing the state from enforcing a law that prohibited minors from attending live performances deemed obscene. Judge Presnell considered the law too broad in its scope. Although the judge declined to dismiss the law entirely, the decision allows the underlying lawsuit challenging its constitutionality to proceed.
Governor DeSantis’ office vehemently disagreed with the ruling, expressing confidence in a successful appeal. Jeremy Redfern, spokesperson for the governor, criticized the judge’s decision, stating, “Of course it’s constitutional to prevent the sexualization of children by limiting access to adult live performances.”
Hamburger Mary’s, an establishment in Orlando known for its drag show performances, comedy sketches, and dancing, filed the lawsuit in response to the law signed by DeSantis in May. The venue argued that the law’s language was overly broad and could have a chilling effect on First Amendment rights, protected by the U.S. Constitution. Judge Presnell concurred with the plaintiff’s concerns, finding that they were likely to prevail at trial based on First Amendment grounds.
The law in question was viewed by critics as an attempt to suppress the speech of drag queen performers, although Florida already has existing statutes that safeguard against obscene performances. Drag, while commonly associated with the LGBTQ community, has become increasingly mainstream. Opponents of drag often link it to broader LGBTQ issues, which some conservatives view as conflicting with traditional values.
Governor DeSantis has been at the forefront of a conservative campaign aimed at restricting LGBTQ rights. In recent developments, another judge struck down a Florida rule and statute that prohibited state Medicaid payments for transgender healthcare. This same judge had previously partially blocked the state from enforcing a ban on gender-affirming care for individuals under 18, citing equal protection under the 14th Amendment.
The legal challenges faced by Governor DeSantis underscore the ongoing tensions surrounding LGBTQ rights and the ongoing struggle to strike a balance between personal freedoms, constitutional protections, and differing societal perspectives.