Connect with us

Florida

First lawsuit filed against ‘Don’t Say Gay’ law in Florida

Complaint filed days after Gov. DeSantis signed measure

Published

on

A lawsuit was filed days after Gov. Ron DeSantis signed the "Don't Say Gay" measure into law.

Mere days after Florida Gov. Ron DeSantis signed into law the “Don’t Say Gay” bill, the first lawsuit against the measure has emerged, asserting the statute “would deny to an entire generation that LGBTQ people exist and have equal dignity.”

Among the lawyers who signed the complaint — filed Thursday before the U.S. District Court of the Northern District of Florida — was Roberta Kaplan, who rose to fame for successfully arguing against the anti-gay Defense of Marriage Act before the U.S. Supreme Court in 2013, as partner at the New York-based law firm Kaplan Hecker & Fink LLP.

“Over time and continuing today, our nation has strived to make good on its promise that everyone is entitled to be treated with equal dignity under the law,” Kaplan said in a statement. “That is true when it comes to LGBTQ Americans, who now have the constitutional right to identify openly as LGBTQ, to marry, and to form families with children.”

Other lawyers who signed the complaint against the “Don’t Say Gay” bill, known as HB 1557, are Christopher Stoll, senior staff attorney with the National Center for Lesbian Rights, and Elizabeth Schwartz, a Miami-based attorney.

“This effort to control young minds through state censorship —and to demean LGBTQ lives by denying their reality — is a grave abuse of power,” the lawsuit says.

Under the “Don’t Say Gay” bill, schools for children in kindergarten through grade 3 may not engage in “instruction” about sexual orientation and gender identity, or generally throughout the education system “in a manner that is not age-appropriate or developmentally appropriate for students.” Although the new law allows for internal review and resolution if a parent brings a complaint against the school for violating the measure, the “Don’t Say Gay” bill also empowers a parent of a student who feels the law was violated to “bring an action against a school district” in court to seek damages.

A lawsuit was expected soon after DeSantis signed the “Don’t Say Gay” bill into law amid discussion about the various legal vulnerabilities of the measure. The complaint, declaring the new law “piles one violation on top of another,” makes its primary case based on free speech and equal protection principles, by saying the measure seeks “to censor discussions of sexual orientation or gender identity that recognize and respect LGBTQ people and their families.” Other violations cited in the complaint are based on due process protections as well as discrimination against LGBTQ people based on sex stereotypes, which the Supreme Court has ruled is unlawful in the case of Bostock v. Clayton County.

In a clear nod to the precedent set by the 1996 decision in Romer v. Evans, which determined laws against animus, including those against gay people, are unconstitutional, the complaint says the “Don’t Say Gay” law is clearly the product of animus toward Florida’s LGBTQ community.

“The bill’s sponsor in the Senate has stated that the law is meant to prohibit discussion of sexual orientations and gender identities that do not comport with Florida’s supposed ‘core belief systems and values,” the lawsuit says. “He has also stated that the bill is intended to prevent students “coming out in school” to their peers from being treated as ‘celebrities.’ The premise of these statements is fear that LGBTQ students might live their true identities in school and be met with acceptance rather than state-sanctioned hostility targeting their protected characteristics.”

Plaintiffs in the lawsuit are Equality Florida, a state LGBTQ organization, and Family Equality, a nationwide group that focus on LGBTQ parents and families. Other plaintiff are students, such as one gay student identified as “M.A” who set up a gay-straight alliance in his school, including Dan and Brent VanTice, a same-sex couple who are parents of two first-grade boys who go to public school in the area; and Hatcher Powderly, a teacher who seeks to inform her lessons with LGBTQ identity and history.

“Already, our children have told us that they are afraid that they will not be able to talk about their family at school,” Dan and Brent VanTice said in a joint statement. “We are heartbroken that our children are already feeling isolated and stigmatized by this law.”

The lawsuit speculates numerous ways schools could be subjected to lawsuits from a parent who objects to LGBTQ identities coming up in some way in classroom settings, which could be any number of ways other than planned curriculum.

“Can students ask— and teachers answer—questions about historical events involving LGBTQ people?” the complaint says. “Would H.B. 1557 ban a teacher from discussing gay-rights’ decisions, like Bostock v. Clayton County, 140 S. Ct. 1731 (2020), where the Court held that LGBTQ persons cannot be discriminated against in employment? If a student writes a paper in which they discuss their gender identity or sexual orientation — and relate it to their argument — could a teacher not grade it? If the teacher did grade it, would they be prohibited from commenting on any aspect of the paper or discussing it with the student, thus leaving LGBTQ students at a systematic educational disadvantage?”

Proponents of the “Don’t Say Gay” bill have defended the measure by erroneously saying it simply prohibits sex education for K-3 children or would only prohibit school curriculum on sexual orientation or gender identity, even though there’s no limiting principle in the measure restricting its reach. In fact, Republican lawmakers during the legislative process for the measure rejected an amendment proposed by Democrats that would enumerate the prohibition in the bill was limited to discussion on “sexual activity.”

Imani Rupert-Gordon, executive director of the National Center for Lesbian Rights, said in a statement the “Don’t Say Gay” measure is “discriminatory law” and “threatens the decades of progress we’ve made in creating safer schools for everyone.”

“While this law will endanger all students, it will be particularly damaging to LGBTQ students and LGBTQ parents,” Rupert-Gordon said. “We are filing this challenge only days after the bill was signed into law because the harms it is causing are already so incredibly clear. Every young person deserves to be safe at school and we will fight unconscionable laws like this until that is true for every student.”

The Washington Blade has placed a request with the office of Florida Attorney General seeking comment on the complaint.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Florida

Fla. House passes ‘Anti-Diversity’ bill

Measure could open door to overturning local LGBTQ rights protections

Published

on

(Photo by Catella via Bigstock)

The Florida House of Representatives on March 10 voted 77-37 to approve an “Anti-Diversity in Local Government” bill that opponents have called an extreme and sweeping measure that, among other things, could overturn local LGBTQ rights protections.

The House vote came six days after the Florida Senate voted 25-11 to pass the same bill, opening the way to send it to Republican Gov. Ron DeSantis, who supports the bill and has said he would sign it into law.

Equality Florida, a statewide LGBTQ advocacy organization that opposed the legislation, issued a statement saying the bill “would ban, repeal, and defund any local government programming, policy, or activity that provides ‘preferential treatment or special benefits’ or is designed or implemented with respect to race, color, sex, ethnicity, sexual orientation, or gender identity.”

The statement added that the bill would also threaten city and county officials with removal from office “for activities vaguely labeled as DEI,” with only limited exceptions.

“Written in broad and ambiguous language, the bill is the most extreme of its kind in the country, creating confusion and fear for local governments that recognize LGBTQ residents and other communities that contribute to strength and vibrancy of Florida cities,” the group said in a separate statement released on March 10.

The Miami Herald reports that state Sen. Clay Yarborough (R-Jacksonville), the lead sponsor of the bill in the Senate, said he added language to the bill that would allow the city of Orlando to continue to support the Pulse nightclub memorial, a site honoring 49 mostly LGBTQ people killed in the 2016 mass shooting at the LGBTQ nightclub.

But the Equality Florida statement expresses concern that the bill can be used to target LGBTQ programs and protections.

“Debate over the bill made expressly clear that LGBTQ people were a central target of the legislation,” the group’s statement says. “The public record, the bill sponsors’ own statements, and hours of legislative debate revealed the animus driving the effort to pressure local governments into pulling back from recognizing or resourcing programs targeting LGBTQ residents and other historically marginalized communities,” the statement says.

But the statement also notes that following outspoken requests by local officials, sponsors of the bill agreed to several amendments “ensuring local governments can continue to permit Pride festivals, even while navigating new restrictions on supporting or promoting them.”     

The statement adds, “Florida’s LGBTQ community knows all too well how to fight back against unjust laws. Just as we did, following the passage of Florida’s notorious ‘Don’t Say Gay or Trans’ law, we will fight every step of the way to limit the impact of this legislation, including in the courts.”

Continue Reading

Florida

Fla. Senate passes ‘Anti-Diversity’ bill that could repeal local LGBTQ protections

Bipartisan coalition urges Florida House to reject ‘extremism’ measure

Published

on

The Florida Capitol (Washington Blade photo by Yariel Valdés González)

The Florida Senate on March 4 voted 25-11 to approve an “Anti-Diversity in Local Government” bill that critics have called a sweeping and extreme measure that, among other things, could repeal local LGBTQ rights protections.

According to Equality Florida, a statewide LGBTQ advocacy organization, if approved by the Florida House of Representatives and signed by Republican Gov. Ron DeSantis, the bill “would ban, repeal, and defund any local government programming, policy, or activity that provides ‘preferential treatment or special benefits’ or is designed or implemented’ with respect to race, color, sex, ethnicity, sexual orientation, or gender identity.”

In a March 4 statement, Equality Florda added that the bill would also threaten city and county officials with removal from office “for activities vaguely labeled as DEI,” with only limited exceptions.

The Florida House was scheduled to vote on the bill on Monday, March 9, with opponents hopeful that a broad coalition of both Democratic and Republican lawmakers would secure enough votes to defeat the bill.

“Once again, Gov. DeSantis and Florida lawmakers are advancing one of the most sweeping and extreme bills in the country — this time threatening decades of local progress supporting diverse communities, including the LGBTQ community,” said Equality Florida Senior Political Director Joe Saunders. “This legislation is a sledgehammer aimed at cities and counties that recognize and address the diversity of the people they serve,” he said.

Among the LGBTQ organizations that could be adversely impacted by the bill is the highly acclaimed Stonewall National Museum, Archives and Library located in Fort Lauderdale.

Robert Kesten, the Stonewall organization’s president and CEO, told the Washington Blade the organization receives some funding from Broward County, in which Fort Lauderdale is located, and the city of Fort Lauderdale has provided support by purchasing tables at some of the museum’s fundraising events.

“Based on this legislation, hose things would be gone,” he said. “We also are based in a government building. So, we don’t know what potential side effects that could have.” He noted that the building in question is owned by Broward County and leased by Fort Lauderdale, with the bill’s vaguely worded provision making it unclear whether Stonewall would be forced to leave its building.

“It’s unknown, and we’re really in unchartered waters,” he said.

Continue Reading

Florida

Comings & Goings

Gil Pontes III named to Financial Advisory Board in Wilton Manors

Published

on

Gil Pontes III

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”

Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.

Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.

Continue Reading

Popular