In drawing a line between free speech and public decency, the 11th Circuit Court of Appeals reaffirms that the government has a moral duty to protect children.
Florida can now enforce a state law aimed at preventing children from attending what it defines as “sexually explicit” live performances, following a new ruling from a federal appeals court.
The 11th U.S. Circuit Court of Appeals lifted a lower court order that had blocked enforcement of the law for the past two years. In an order issued on December 15, the court said the state may enforce the 2023 law statewide, except against Hamburger Mary’s, the Orlando-based venue that challenged the law’s constitutionality.
The appeals court’s decision was influenced by a June ruling from the U.S. Supreme Court that limited the use of universal injunctions, which previously allowed judges to block enforcement of laws for parties not directly involved in a case.
Florida Attorney General James Uthmeier praised the ruling in a post on X. “For two years, our law preventing children from attending sexually explicit drag shows was held up in court. Starting today, the law is in effect thanks to a win on appeal by our office. If you’re exposing children to lewd conduct, you’re on notice. We’re watching, Pensacola.”
Earlier this month, the appeals court said it would revisit the case without providing an explanation. The court’s latest order now clears the way for Florida to enforce the law everywhere in the state except at the plaintiff’s venue.
Attorneys for Hamburger Mary’s criticized the decision and said the legal fight will continue.
“We are disappointed with the court’s decision, but we are going to keep fighting to protect the First Amendment rights of all Floridians,” said Melissa Stewart, who represents Hamburger Mary’s, in a December 16 email.
In an August filing, Stewart argued that even though Hamburger Mary’s is exempt from enforcement under the current order, the ruling still chills free speech.
“How is a performer to be sure whether they are performing at the one Hamburger Mary’s that is protected from enforcement of the Act?” Stewart wrote, according to the Tallahassee Democrat. “Thus, the free expression of HM’s performers, and of HM, is chilled.”
The 2023 law does not explicitly reference drag shows. Instead, it bars venues from admitting minors to “adult live performances,” defined as shows that depict or simulate nudity, sexual conduct, sexual excitement, specific sexual activities, lewd conduct, or the exposure of prosthetic or imitation genitals or breasts.
Since its passage, critics have argued that the law’s language is vague and could allow local governments to selectively deny permits for certain performances. Uthmeier has warned local officials that enforcement is expected.
In November, he sent a letter urging Pensacola officials to cancel “A Drag Queen Christmas,” scheduled for December 23 at a city-owned theater. The Pensacola City Council declined, saying cancellation would violate the First Amendment.
In that letter, Uthmeier argued that allowing the show to proceed “may amount to religious discrimination,” citing content he said mocked Christian beliefs.
“While the First Amendment safeguards freedom of expression, it does not require a city to platform and endorse disgusting, obscene content that denigrates its residents’ religious beliefs,” Uthmeier wrote.
A recent federal appeals court ruling in Texas offers a parallel example of how states are navigating laws designed to restrict sexually explicit performances in public spaces, particularly where children may be present.
In December, a divided panel of the U.S. Court of Appeals for the Fifth Circuit allowed Texas to begin enforcing a 2023 law known as Senate Bill 12, which seeks to criminalize “sexually oriented” performances on public property. Opponents argued that the law targeted drag performances and violated the First Amendment, but the appeals court concluded the statute could move forward, at least for now.
The majority opinion emphasized that the law does not ban all drag performances outright. Instead, enforcement is limited to shows that containing overtly sexual content, particularly those occurring in public spaces or in front of minors. Because several of the performers and venues challenging the law claimed their events avoided explicit material, the court said they were unlikely to face prosecution and therefore lacked standing to block the Texas law preemptively.
Judges Kurt Engelhardt and Leslie Southwick, both appointed by Republican presidents, also pointed to a recent Supreme Court decision involving state regulation of social media as a reason to reconsider earlier rulings that had stopped the law from taking effect. They concluded that the lower court’s blanket injunction should be lifted and reassessed under the updated legal framework.
By allowing Florida to enforce its law restricting children from sexually explicit live performances, the court affirmed a basic truth: Children deserve protection. The ruling was not about silencing speech or targeting individuals. It was about drawing a line that recognizes childhood as a season of innocence, care, and moral responsibility.
Scripture consistently teaches that adults and governments have a responsibility to watch over children’s well-being, something that Jesus’ warning in Matthew 18:6 drives home. When the state takes action to limit the amount of sexually charged material that children get to see, it’s really acting in the way it’s supposed to, upholding decency and protecting young people.
This ruling also shows that there is a huge difference between individual freedom of speech and forcing institutions to expose kids to adult content. Even with the First Amendment, governments don’t have to ignore reality, a fact recognized by the Supreme Court this past June in Free Speech Coalition v. Paxton, a landmark ruling that allows states to require porn sites to verify the age of its users in order to prohibit minors from accessing the material.
From a Christian perspective, sexuality isn’t a trivial aspect of life, but something very personal, powerful, and ordained by God, best expressed within moral limits.
When sexual themes are made into light entertainment for kids, those limits get pushed back and people end up being reduced to nothing more than objects of social experimentation, rather than human beings created in God’s image. Florida’s method doesn’t wipe out performances. Instead, it puts a stop to exposing children to the harmful effects of sexually explicit performances.
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