Florida

Florida ‘Don’t Say Gay’ bill new focal point in battles on racism, politics

Republican Gov. Ron DeSantis widely seen as 2024 presidential candidate

Published

2 years ago

February 16, 2022

Florida Gov. Ron DeSantis has signaled support for the "Don't Say Gay" bill.

Legislation in Florida known as the “Don’t Say Gay” bill, criticized as an effort to quash any discussion of LGBTQ families and identities in schools, has become a focal point of contention in the context of ongoing national battles over politics, critical race theory, restrictions on LGBTQ books and anti-transgender sports legislation in state legislatures.

The shock of the potential reach of the measure, which opponents say would make schools vulnerable to lawsuits simply over a teacher responding to a student’s question about a gay family member, followed by comments by Gov. Ron DeSantis signaling support for the bill, has opened up targets in other battles waged by the Democratic Party and progressives seeking attention for other issues and a potential upcoming challenger to President Biden in 2024.

Chief among the fiery battles for which the “Don’t Say Gay” bill has provided kindling is the upcoming presidential election. It’s no secret DeSantis is widely seen as a potential Republican challenger to Biden, who may be vulnerable amid consistently low approval ratings and criticism over his handling of inflation and coronavirus.

After DeSantis made comments last week favorable to the “Don’t Say Gay” bill, saying he thinks it’s “entirely inappropriate” for teachers to be having conversations with students about gender identity, his opponents were quick to take him task and tie him to the legislation. Although the legislation had previously faced criticism from Chasten Buttigieg, who tweeted the legislation “will kill kids,” among the new voices against the legislation were no less than the White House and Biden himself.

“I want every member of the LGBTQI+ community — especially the kids who will be impacted by this hateful bill — to know that you are loved and accepted just as you are,” Biden wrote in a tweet last week. “I have your back, and my administration will continue to fight for the protections and safety you deserve.”

Transportation Secretary Pete Buttigieg, the first openly gay person to obtain Senate confirmation for a Cabinet-level role, echoed his husband’s criticism of the bill during an appearance last week on CNN’s “Newsroom.”

When host Jim Sciutto asked whether the bill would inflict any potential harm the measure on LGBTQ kids, Buttigieg replied, “absolutely.”

“And the reason is that it tells youth who are different or whose families are different that there’s something wrong with them out of the gate, and I do think that contributes to the shocking levels of suicidal thoughts and suicide attempts among LGBTQ youth,” Buttigieg said.

The legislation hasn’t gone far in Florida.

As of this week, one House committee and one Senate committee have approved it and neither chamber has scheduled a floor vote. But with Republican in control of both chambers of the legislature and the governor’s mansion, the measure is well-positioned to become law.

A.G. Gancarski, a reporter with the news website FloridaPolitics.com, told the Washington Blade he could see the “Don’t Say Gay” bill coming up for a floor vote in the near future, pointing out “with these big social-message type bills, it seems like they do one a week in the House and the Senate.”

“It’s going to come up this session because it’s in posture where we’ll hit the floors probably toward the end of session — the last two weeks after committees, where things get kind of kind of crazy and things happen quickly,” Gancarski said. “We’re not there yet. We got plenty of time for this to get through the process, and there are no structural impediments to it. I can’t see what stops this is what I’m saying.”

One saving grace for opponents of the “Don’t Say Gay” bill is DeSantis has stopped short of committing himself to signing it. Gancarski drew a distinction between the support DeSantis has offered the bill compared his support for other bills, such a proposed bans on critical race theory.

“It’s something that Gov. DeSantis has not explicitly endorsed,” Gancarski said. “He hasn’t said, ‘I back these bills.’ Whenever he’s asked about these bills, he speaks conceptually supportive of them. This is true with CFO Jimmy Patronis also. So it’s something that Republicans on the executive level back, but it’s not one of those bills that DeSantis is putting the same emphasis on some other bills with his own name behind it, but he certainly backs it. He’s given every indication he would sign it.”

LGBTQ groups and commentators aligned with the conservative movement, sensing the legislation could become a political liability for DeSantis, were quick to defend the “Don’t Say Gay” bill.

Chadwick Moore, editor of Log Cabin Republicans’ media arm Outspoken, told Tucker Carlson last week on Fox News said the measure is “a perfectly reasonable, rational bill” being unfairly maligned by Democrats and “childish wacky gay activists.” Brad Polumbo, a gay conservative commentator, in a column for the Washington Examiner criticizes opposition to the legislation as “wildly overblown and not based in reality,” then undercuts his own argument by saying the “language is admittedly rather broad.”

Key portions of the legislation, numbered House Bill 1557 and Senate Bill 1834, reveal the potential penalty for the slightest hint of talk about LGBTQ kids and families in schools. The legislation is restricted to grade schools, although the bill never defines what constitutes a grade school from other places of education.

Under the legislation schools “may not encourage classroom discussion about sexual orientation or gender identity,” or generally in the education system “in a manner that is not age-appropriate or developmentally appropriate for students.” Further, the legislation empowers a parent of a student who feel the law was violated to “bring an action against a school district” in court to seek and obtain damages.

Another portion of the bill would give parents “access to information about their child’s mental and emotional well-being, as well as information about any changes to their mental or emotional health,” which critics could lead to teachers being forced to out LGBTQ kids still going through the coming out process to their families.

Equality Florida was out of the gate on Monday with a new TV ad against the “Don’t Say Gay” bill, which is the first of two TV against DeSantis’ policies.

The ad features a young girl in a school classroom about to give a presentation on her heroes, which she subsequently says are her two moms. A red light and buzzer goes off in the classroom, after which a teacher informs the students she should be proud of her two parents. The ad closes within a voice from an overhead, saying “please report to the front office.”

Although the “Don’t Say Gay” bill causing a stir at the national level, Gancarski said opposition to the legislation in Florida comes more from “people who don’t like the DeSantis agenda anyway” and the national outcry may not have the desired effect.

“That’s sort of the rub,” Gancarski said. “The more the White House pushes against DeSantis, the Republicans, the more they take that as validation of their approach. So when President Biden tweeted last week, he set himself up as a foil as the thing moves forward as much as anything vis-and-vis DeSantis-supporter Republicans. And that’s the paradox.”

‘Don’t Say Gay’ bill tied to ban on critical race theory

The “Don’t Say Gay” bill, amid an intense political discussion over topics discussed in schools, is not unlike other measures enacted in Florida and elsewhere seeking to curtail ideas the conservative movement has found objectionable, such as critical race theory or gender ideology. In addition to getting behind legislation against critical race theory, which remains pending before the Florida Legislature, DeSantis signed into law a measure prohibits transgender girls from participating in school sports.

As such, progressives see the fervor over the “Don’t Say Gay” bill as a means to highlight these related initiatives, encouraging the public to view them as one issue and part of a greater effort to further oppress marginalized groups, being clear to tie them all to DeSantis ahead of his potential challenge to Biden in the 2024 election.

Nadine Smith, executive director the LGBTQ group Equality Florida, said Monday in a conference call with reporters the “Don’t Say Gay” bill is part of a “roster of bills that chip away at freedom of expression, allow for surveillance in the classrooms, video monitoring, microphones on teachers to eavesdrop on their conversations with students.”

“They hide behind the guise of parental rights, but really when you read what these laws do they allow anybody in the community, regardless of whether or not they have a child, to challenge any resource and have it removed,” Smith said.

A second ad from Equality Florida unveiled on Wednesday called “The Content of Our Curriculum” against the Stop WOKE Act in Florida, which is the vehicle DeSantis to ban the teaching of critical race theory in school. The legislation, House Bill 7 / Senate Bill 148, among other things, would prohibit teaching members of one race are “morally superior” to members of another race, individuals are inherently racist because of their race or an individual’s “moral character or status” is privileged or oppressed because of race.

The “Don’t Say Gay” bill is also playing into the hands of critics who are decrying efforts to restrict pro-LGBTQ literature in schools and libraries across the country, many of them conservative states like Texas. According to a recent report in NBC News, hundreds of LGBTQ-themed titles have been pulled from libraries across the state for review, sometimes over the objections of school librarians. Many of these books are said to have sexually explicit content, although the Blade couldn’t immediately verify that claim.

George Johnson, who says their book on the Black queer youth experience “All Boys Aren’t Blue” is banned in 15 states, was on the conference call with reporters and said efforts like bans on books are the result of demographic shifts in the United States and the “conditioning of students’ minds.”

“The ultimate goal of book banning is to not just silence us,” Johnson said. “It’s not that they’re trying to say we don’t exist, it’s that the don’t want to condition Generation Z with the proper information about our existence, as well as information about the existence and history of this country. Because then, when Gen Z becomes the next CEOs, the next mayors and the next governors, they may actually think about people who are marginalized because they read about them growing up, because they knew them growing up.”

With state legislatures across the country advancing at a rapid pace bills that would prohibit transgender girls from participating in school sports, LGBTQ rights advocates are also drawing connections between the “Don’t Say Gay” bill and the anti-trans sports measures.

Mary Emily O’Hara, rapid response manager for the LGBTQ group GLAAD, said in the conference call in the national context, more than 170 anti-LGBTQ bills have been introduced throughout the country, many of which are focused on schools.

“There is no separating book bans from anti-trans sports bans in schools,” O’Hara said. “They both impact students. They’re both about lowering representation on the visibility and equality for LGBTQ students. There is no separating LGBTQ school policy bills from critical race theory bans.”

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Florida

Professor at Baptist university in Virginia found dead in Florida gay sauna

Orlando police say cause of death undetermined

Published

4 weeks ago

March 25, 2024

Lou Chibbaro Jr.

A beloved professor of psychology at Averett University, a private Baptist university in Danville, Va., was found dead on March 16 of unknown causes at the Club Orlando, a popular sauna and bathhouse for gay men located in Orlando, Fla.

University officials said David Hanbury, 37, an Associate Professor of Psychology who taught at the university since 2015, was in Orlando attending a conference of the Southern Psychological Association and had initially been reported missing by family members before he was found deceased.

Orlando police told USA Today the cause of death had not been determined but the death “does not appear suspicious at this time.” USA Today reports that police said their investigation into the death was “active and ongoing.”

A spokesperson for the Orange County, Fla., Medical Examiner told the Washington Blade it would take about 90 days for the completion of blood work and toxicology tests to confirm the cause of death in a case like this, where there were no obvious signs of injury or illness.

Cassie W. Jones, Associate Vice President of University Marketing and Communications at Averett University, declined to disclose whether Hanbury self-identified as gay in response to an inquiry from the Blade

“As an employer, we cannot comment on our employees’ personal matters,” Jones said. But when asked if the university would have continued to treat Hanbury with respect and support his tenure at the university if he had come out as gay, she said “absolutely” in an email response to Blade questions.

“Dr. David Hanbury was a dear professor, colleague and friend whose influence was far reaching,” Jones said in a March 21 message to the Blade, “We send our affection, condolences, and prayers of support to Dr. Hanbury’s family, friends and all others upon whom he had a lasting impact.”

The Averett University website shows that it has a policy of nondiscrimination that includes the categories of sexual orientation and gender identity among other categories such as race, religion, and ethnicity. The website also shows that the university has an LGBTQ student group called the Gender and Sexuality Alliance or GSA group.

Jones said the admiration and longstanding support of Hanbury from his fellow professors and students was reflected in a March 18 memorial gathering for him on campus.

“Nearly 250 students, faculty, staff, and community members joined as one Averett family, united in grief and sorrow, as we gave thanks for the remarkable life and influence of Dr. Hanbury on our lives and on the University,” Jones said.

“Averett University is committed to inclusion and belonging for all who learn, work and visit our campus,” Jone told the Blade. “Openness and inclusivity are embedded in our institution’s core values, and we know our diversity makes us stronger.”

The Baptist Standard, an independent newspaper that reports on the Baptist Church, reported in a May 9, 2011, story that the Baptist General Association of Virginia severed ties with Averett University in 2005 over a disagreement with the university’s position on homosexuality. Other news reports at the time said the Baptist organization objected to the university’s support for a gay student group.

Jones, in her message to the Blade, said Averett University currently “is a part of the Baptist General Association of Virginia family of educational partners.” She added, “We are aligned in our commitment to meet students wherever they are in their faith journey, and welcome those of all faiths or no faith.”

Florida

Settlement and clarification reached in Fla. ‘Don’t Say Gay’ law

Republican Gov. Ron DeSantis signed statute in 2022

Published

1 month ago

March 11, 2024

Brody Levesque

A protest against Florida's 'Don't Say Gay' law in 2022. (Photo courtesy of Jack Petocz)

A settlement reached with the Florida State Board of Education, Florida Department of Education and various school districts and the attorneys and plaintiffs clarifies what is allowed in Florida classrooms under the state’s controversial “Parental Rights in Education” law colloquially referred to as the “Don’t Say Gay” law.

The plaintiffs’ lawyers at Kaplan Hecker & Fink LLP and the National Center for Lesbian Rights filed the agreement with the 11th U.S. Court of Appeals on Tuesday. The agreement effectively nullifies the most dangerous and discriminatory impacts of the law, and makes clear that the law must be applied neutrally and is no license to discriminate against or erase LGBTQ+ families.

Cameron Driggers and Jack Petocz, who led the statewide student protest against the ‘Don’t Say Gay’ law in March 2022, reacted in a text message to the Washington Blade saying:

“LGBTQ+ students and allies are breathing a sigh of relief today in response to the news that litigation has successfully mediated some of the most extreme aspects of Gov. DeSantis’ ‘Don’t Say Gay’ legislation. Just about two years ago, we led a statewide school walkout all across the state of Florida in response to that bill. We knew then that it infringed on the basic civil liberties of students and teachers and we look forward to future challenges to other pieces of authoritarian legislation.”

“The settlement restores the ability of students, teachers and others in Florida schools to speak and write freely about sexual orientation and gender identity in class participation and schoolwork,” the legal teams noted in a statement. “It also restores safeguards against bullying on the basis of sexual orientation and gender identity, and reinstates Gay-Straight Alliances (GSAs). Critically, the settlement also requires the State Board of Education to send today’s agreement to every school district, and to make clear that the settlement reflects the considered position of the state of Florida on the scope and meaning of this law.” the statement continued.

Specifically, the historic settlement agreement clarifies the following:

Classroom references. The law does not prohibit references to LGBTQ+ persons, couples, families, or issues, including in literature, in classroom discussion (such as student-to-student speech or teachers responding to students’ questions), in students’ academic work product or teachers’ review of the same, in teachers identifying same-sex or transgender spouses or partners, or in any other context in which a teacher is not “instructing” on the subject of sexual orientation or gender identity.
Nondiscrimination. The law does not target LGBTQ+ persons, couples, families or issues. Rather, it requires neutrality and prohibits “classroom instruction” on the subjects of sexual orientation or gender identity, whether the subject addresses heterosexuality, homosexuality, bisexuality, cisgender identities, transgender identities or otherwise. It would violate the law, then, to instruct that heterosexuality is superior to other sexualities, or that cisgender identities are superior to transgender identities.
Anti-bullying and acceptance. The law does not prohibit instruction or intervention against bullying on the basis of sexual orientation or gender identity, nor does it require the removal of safe space stickers or elimination of safe space areas for the benefit of LGBTQ+ persons.
Extracurricular activities. The law does not prohibit Gay-Straight Alliances, including student attendance or participation by teachers or other faculty members. The law also does not prohibit book fairs that include LGBTQ+ focused books, musicals or plays with LGBTQ+ references or characters, participation and expression by LGBTQ+ persons in other extracurricular events like school dances, or the wearing of clothing that is affiliated with LGBTQ+ persons or issues or that does not conform with one’s perceived gender identity.
Library books. The law does not apply to library books, so long as those books are not being used in the classroom to instruct on the subjects of sexual orientation or gender identity.
Third parties. The law does not apply to non-school-personnel, including parents, other family members, and guest lecturers, so long as the school is not delegating to such third party the role of providing classroom instruction on the subjects of sexual orientation or gender identity.

“We made a promise to LGBTQ+ families, students and educators across the state to ensure that they received equal dignity under the law, and to protect our schools from a censorship agenda that harms the education system as a whole,” said Equality Florida Executive Director Nadine Smith. “Florida has already endured nearly two years of book banning, educators leaving the profession and safe space stickers being ripped off of classroom windows in the wake of this law cynically targeting the LGBTQ+ community. This settlement is a giant step toward repairing the immense damage these laws and the dangerous political rhetoric has inflicted on our families, our schools and our state. The message to school districts, superintendents and teachers alike is clear: Protect every student and respect every family.”

In early 2022, Republican Gov. Ron DeSantis signed House Bill 1557, commonly known as the “Don’t Say Gay” bill. The plaintiffs sued the next day, alleging that the law was impermissibly vague, was obviously motivated by hostility to LGBTQ people and families and created an enforcement system that enabled discrimination and discouraged efforts to fight it. The plaintiffs claimed that the law violated their rights to equal protection, due process, and free speech. The plaintiffs litigated aggressively, and engaged in months of negotiations with the state’s lawyers to forge Monday’s historic settlement.

“This settlement is a huge victory for our community, both in Florida and nationally. It not only reverses the censorship and intimidation created by Florida’s ‘Don’t Say Gay or Trans’ law, it codifies important new protections that were not previously clearly established, such as the right of teachers and staff to talk about LGBTQ people, to put safe space stickers in their classrooms, and to be open about their own LGBTQ identities or same-sex partners, just as straight teachers are able to be,” said NCLR Legal Director Shannon Minter in a phone statement to the Blade. “I am thrilled to be part of this historic moment, which is a strong sign that the tide of anti-LGBTQ hatred and persecution is turning, thanks to the hard work of so many.”

Human Rights Campaign National Press Secretary Brandon Wolf issued the following statement:

“This is more evidence: The tide is turning on the anti-LGBTQ+ agenda. In state legislatures and courtrooms in Florida and beyond, discriminatory policies are starting to collapse. The DeSantis administration was forced to acknowledge that their vague, broad law was having sweeping consequences. And this settlement makes clear that every student deserves a safe, welcoming school environment where their families are treated with the respect that they deserve — and that what applies to LGBTQ+ people must apply to others equally. Thank you to the legal team and courageous plaintiffs for challenging this discriminatory law.”

Florida

Fla. DMV: ‘Misrepresenting’ gender on drivers licenses is fraud

HRC, Equality Florida condemn decision to rescind previous policy

Published

3 months ago

January 30, 2024

Special to the Washington Blade

(Washington Blade photo by Michael K. Lavers)

BY ERIN REED — According to a letter submitted by an anonymous source on Monday, the Florida Department of Highway Safety and Motor Vehicles has rescinded the policy that allowed transgender individuals to update the gender marker on their driver’s licenses.

The letter, written by Deputy Executive Director Dave Kerner, states that gender will be interpreted as “biological sex.” Furthermore, the letter declares that any person “misrepresenting” their gender marker would be guilty of fraud, facing civil and criminal penalties and revocation of licensure.

The letter, apparently sent out on Jan. 26, asserts that “gender” is synonymous with “biological sex,” and argues that gender identity is “neither immutable nor objectively verifiable.” It suggests that permitting trans individuals to update their gender markers on their driver’s licenses would “prevent the state from enforcing its laws.” These laws include bans on trans individuals using the bathroom of their gender identity and laws targeting adult medical care.

You can view the full copy of the letter here:

The move marks a significant escalation and seems to have been initiated unilaterally by the department. This action is in line with other unilateral measures taken by the executive branch in Florida and other states. These include the Florida Board of Medicine’s ban on trans care, Virginia Gov. Glenn Youngkin’s directive through the Board of Education to ban trans bathroom usage in schools, and Missouri Attorney General Andrew Bailey’s efforts to target adult trans care via the rule-making process. However, none of these examples previously involved driver’s licenses. If upheld, Florida would become the first state to prohibit driver’s license changes under criminal penalty for trans individuals.

The ramifications of this rule could be far-reaching. All trans individuals in the state with Florida driver’s licenses not aligning with their “biological sex” might immediately be in possession of a fraudulent license. The state could seek to suspend or revoke the licenses of trans individuals under this policy. Moreover, during traffic stops involving trans individuals, they could face legal challenges with police officers if the officers believe the driver’s license “misrepresents” their “biological sex.”

State Rep. Anna Eskamani appeared to confirm that computer systems were no longer accepting gender changes at FLHSMV offices:

This development coincides with the consideration of two bills in Florida that aim to prohibit driver’s license changes through the legislative process: House Bills 1233 and 1639. These bills could require all Floridians to sign “biological sex affidavits” when renewing or updating their driver’s licenses. The policy could be a strategy to deter trans Floridians, aware of the bills, from quickly updating the gender marker on their driver’s licenses before their passage. Notably, Florida driver’s licenses typically have long expiration periods, often lasting eight years post-issuance.

Under this policy, trans individuals in Florida could face considerable challenges in daily life. Many have already left the state, and of those remaining, 80 percent reportedly wish to leave. This policy could instantly criminalize trans individuals who drive in the state with updated gender markers. It would compel trans people to disclose their identity in any situation requiring a driver’s license. Additionally, it would provide Florida a means to enforce its bathroom laws, which criminalize trans individuals for using bathrooms that align with their gender identity in many public spaces.

Nadine Smith, executive director of Equality Florida, issued the following statement:

“The DeSantis administration’s obsession with scapegoating transgender Floridians has escalated into an outrageous attack that further erodes freedom and liberty in our state. This cruel policy threatens transgender Floridians with civil and criminal penalties and blocks them from obtaining the critical government-issued identification necessary to continue their daily lives. Transgender people have always existed in every culture on every continent and always will. In Florida, tens of thousands of people have legally updated their gender marker on their driver’s license or ID. They carefully followed the rules to ensure their identification accurately reflects who they are, and they trusted this process. Now, an abrupt policy reversal has thrown their lives into chaos. The cruelty of this kind of government overreach and intrusion should alarm every Floridian. These reckless and hateful policies are intended to make the transgender community feel unsafe and unwelcome in Florida and to bully them out of public life entirely.

We know this is a devastating development, and we are working with our coalition partners, our grassroots volunteers, and our legal groups to figure out what options are available to fight back.”

The Human Rights Campaign reacted to this latest attack on the rights of trans Floridians in an emailed statement by HRC President Kelley Robinson:

“For years, transgender people have warned of radical anti-LGBTQ+ forces’ true aim: to abuse governmental power to take away our freedoms and drive trans people out of public society,” said Robinson. “From AG Paxton hunting for private medical information of transgender children, to Florida’s assault on identification documents, to Midwest lawmakers saying the quiet part out loud, these right wing extremists are no longer hiding the ball. They want to humiliate, harass, and use policy to eliminate transgender people from public life. But you cannot legislate away the community. Transgender people are powerful. They are our friends, neighbors, and family members. And we will stand arm-in-arm with them to fight back against this sinister agenda.”

Florida currently occupies the most dangerous level on the Transgender Legislative Risk Assessment Map, “Do Not Travel.” The state’s oppressive laws have drawn similar travel advisories from HRC and Equality Florida. Should this policy be enforced, the state’s trans population will find it even harder to move freely and could come into conflict with law enforcement and criminal penalties just for having documents that match their gender identity. The policy appears to be the latest attempt at putting trans “eradication,” championed at CPAC, into action within the borders of Florida.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues and community. Reed also is a social media consultant and public speaker.

Follow her on Twitter (Link)

Website here: https://www.erininthemorning.com/

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The preceding article was first published at Erin In The Morning and is republished with permission.