The Florida legislature is currently debating a bill, F.S. 827.11, which could be the most anti-LGBTQ+ legislation in American history since the Stonewall Riots in 1969. The language of the law would define “Live Performance” to a standard that would make drag queen performance virtually impossible in Florida in its current format.
The law’s definition of “Adult live performance” is broad and hinges on a 1984 Supreme Court decision defining “prurient,” which means “that which incites lasciviousness or lust, obscenity, lewd, obscene materials, and creates longing.” This broad definition could allow enforcement interpretation to remove the legal defense of artistic or other value, and it may overcome even a constitutional First Amendment defense.
Critics argue that the GOP framers of this law have designed it on a legal basis to ban drag queens, force gay pride organizations to ban drag or cancel their events, and affect every bar, restaurant, hotel, and event in Florida that hosts an event with a drag queen, whether children or alcohol are present or not. The law would make it difficult for drag queens to perform because their breast plates, exotic makeup, wigs, and costumes are deemed inherently sexual experiences, and therefore, they may violate the law.
The law has a virtual certainty of passing because of the GOP supermajority in the Florida legislature and the desires of Governor Ron Desantis. Critics have brought attention to how insidious the law’s introduction is today, as the GOP framers have specifically defined the drag ban using the constitutionally protected term “prurient” directly in the legislation to prevent legal court challenges. If passed, the law could essentially prevent the possibility of being in drag, and it may require Pride organizations, restaurants, bars, and other venues to decide whether to operate without drag queens or not operate at all.
