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The United States Supreme Court refused Florida’s request to temporarily enforce a law that classifies allowing children at drag performances a misdemeanor. Florida cannot apply the law anywhere in the state as the legal challenge advances.

Justices Clarence Thomas, Samuel Alito and Neil Gorsuch would have granted the state’s application to enforce the law, but offered no explanation.

Florida Gov. Ron DeSantis signed the Protection of Children Act in 2023.

A restaurant called “Hamburger Mary’s” in Orlando hosts drag shows and went to federal court to challenge the law on the grounds it violates the First Amendment. A district judge prohibited Florida officials from enforcing the law.

The case will now proceed to trial.


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