This isn’t a final ruling, and it isn’t about gender care, but it is exciting! This is a ruling in the case against Florida’s anti-drag law.
Florida passed SB 1438 in May, 2023.
This law allows the state to “fine, suspend, or revoke the license of any public lodging establishment or public food service establishment if the establishment admits a child to an adult live performance.” This law could limit drag performances to venues which are adult only, and to classify drag as “adult entertainment.” We know where this goes.
(Read “What The Heck Is The Legal Landscape Up To” for a discussion of how the federal court system operates and information on other legal goings on.)
Hamburger Mary’s sued for the right to have all ages drag performances without the threat of losing their licenses or being fined.
The Federal Eleventh Circuit court agreed with Hamburger Mary’s and issued a preliminary injunction that prohibited the state from prosecuting while the lawsuit worked through the court system.
Florida appealed, and asked if they could pretty please prosecute other businesses, even if they couldn’t prosecute Hamburger Mary’s. The Eleventh Circuit denied that ask.
Florida then asked the Supreme Court to step in and give them the ability to prosecute someone, please.
The Supreme Court just said no.
Justices Thomas, Alito, and Gorsuch said that they would have granted Florida’s request, so this wasn’t a slam dunk. Kavanaugh had some legal thoughts about whether or not this is an appropriate case for the Supreme Court to take up. Chris Geidner at Law Dork published a blog with some insight into the finer details of the decision, but for now: