All of the “anti-drag” laws are constitutionally and logically problematic

Earlier this year, Florida passed a bill with the intent to limit underage access to “adult live performances.” Ron DeSantis signed it into law last month. While the legislation doesn’t make any specific reference to drag shows, the measure was widely described as being an “anti-drag show” bill. While the measure was arguably popular with many parents and families, it clearly faced a rocky future. It was immediately challenged in court, of course, and now the brakes have been slammed on by a U.S. District Court judge who asserted that the law was vague and constitutionally overbroad, while ignoring other entertainment venues that similarly expose children to sexual material. (National Review)

U.S. District Judge Gregory Presnell has issued a preliminary injunction blocking a Florida law which would bar minors from attending drag show performances.

The lawsuit, made on behalf of Hamburger Mary’s – a venue which has hosted drag shows for nearly two decades – alleges that the legislation undermines the First Amendment and freedom of expression…

Judge Presnell questioned Republican arguments that blocking the law would “harm the public by exposing children to ‘adult live performances.’” “This concern rings hollow, however, when accompanied by the knowledge that Florida state law presently and independently…permits any minor to attend an R-rated film at a movie theater if accompanied by a parent or guardian,” the Clinton-appointed justice said in his ruling.

It’s not that I don’t understand the desire to have such a law in place. It was crafted in response to the spate of “drag queen story hour” events and other performances containing some very disturbing material intended for children. And the bill was tailored specifically to prevent children from being exposed to sexual material, so I think it was written with good intentions.

But with that all said, I have to agree with the judge here and say that the law is indeed overly broad and a bit scattershot. Drag shows are not new and drag performances have been with us for a very long time in one form or another. It’s only the recent focus of specifically directing them toward children that is so disturbing.

If it’s a show where men are dressing as women (because it’s almost always drag “queens” and not “kings”), finding a justification for regulating it is problematic. The point is that they are “dressed.” Nudity is already regulated in terms of attendance by minors. And as the judge pointed out, state law in Florida and most of the country allows minors to attend R-rated movies containing nudity if their parent or guardian allows it. Beyond that, let’s not even get started on the cornucopia of adult content that children are already accessing online if they aren’t appropriately supervised.

I will agree that some of these drag shows targeting children go far over the line when the performers don vibrators or other sexual devices and begin grinding in a suggestive manner. But even then, if they are using prosthetics and not exposing their physical genitalia or breasts, we’re getting into some uncharted legal territory.

We would be far better off if all parents could simply agree that these performances are inappropriate for children and keep them away. That would essentially starve the beast rather than having to rely on the courts. Unfortunately, far too many parents don’t seem to share that sentiment these days. And there are clearly constitutional limits as to how far and how quickly the state can move to intervene or how broadly the concept of child abuse can be defined.

Sadly, drag performances used to be almost entirely for comedic effect and the men playing such roles were rarely trying to imply (at least in public) that they were actually women. It was seen as “mostly harmless” even if such entertainment wasn’t your cup of tea. But now it’s being weaponized to drive home and normalize the concept of transgenderism. Yes, that’s problematic. But it’s also complicated to handle legislatively or through the courts.