Florida’s attorney general asked the United States Supreme Court on Tuesday (24) to allow a law that a federal court judge said was a crackdown on drag queen shows to take effect again, while the case is ongoing. in justice.
Ashley Moody said the law, dubbed Florida’s “Child Protection Act,” was designed to “prevent exposure of children to sexually explicit live performances.”
See also — Judge overturns law that banned drag queen shows in the USA
The legislation, passed in 2023, makes it a misdemeanor to knowingly expose a child to a sexually explicit live performance by an adult that would be obscene for “the age of the child present.”
A district court judge had ruled against the law, finding that it likely violated free speech and due process protections and was unconstitutionally vague.
The 11th U.S. Circuit Court of Appeals denied Florida’s urgent request for a stay of the district court’s injunction, triggering the state’s request to the Supreme Court.
The law was challenged by a popular Orlando restaurant, Hamburger Mary’s, which offers drag brunches (a drag queen brunch show) and stated that the new legislation resulted in a loss of business.
Florida asked the judges to reduce the district court’s injunction so that it applies only to the restaurant.
“Florida is now unable to enforce its statute, to the detriment of Florida’s children and the State’s sovereign prerogative to protect them from harm,” Attorney General Moody argued.
Moody also pointed out that Hamburger Mary’s is not affected by the law, because its shows are not sexually explicit.
The law was a priority for Florida Governor Ron DeSantis, who is running for the Republican nomination for the 2024 US presidential race.
The governor, when signing the law into law in May, said the state “is proud to lead the way in defending our children.”
“While the world goes crazy, Florida represents a haven of sanity and a citadel of normalcy,” he said in a statement at the time.
Now, the judges are expected to ask for a response from the restaurant before issuing a ruling on the case.
Source: CNN Brasil
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