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Fla. lawmakers pass bill to expand ‘Don’t Say Gay’ law

Hundreds of students protested in Tallahassee

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More than 150 students protest Florida's "Don't Say Gay" expansion bill in Tallahassee, Fla., on March 31, 2023. (Photo courtesy of Equality Florida)

On International Transgender Day of Visibility, hundreds of students from across Florida descended on the Capitol to protest the legislatureā€™s fast-tracking of Gov. Ron DeSantisā€™ agenda of book banning and classroom censorship and assaults on academic and medical freedom.

Buses arrived from Central and South Florida in a collaboration between high school, college and university students called the Student Unity Coalition.

Organizers marched the coalition from Florida State University campus into the halls of the Capitol building just as the House of Representatives voted 77-35 in favor of House Bill 1069, which would expand the “Donā€™t Say Gay” law’s censorship provisions through 8th grade, ban parents from requiring the school system use their childā€™s correct pronouns, and escalating book bans, allowing one person from anywhere in the nation to challenge a book in a Florida school, prompting its immediate removal pending a lengthy review.

ā€œThe students who mobilized in the hundreds today sent a clear message about the Florida they want to grow up in,ā€ said Equality Florida Senior Political Director Joe Saunders. ā€œThey want a Florida that values freedom ā€” real freedom. Free states donā€™t ban books. Free states donā€™t censor LGBTQ people from society or strip parents of their right to ensure their child is respected in school. Students and families across Florida are fed up with this governorā€™s agenda that has put a target on the backs of LGBTQ people. Shame on DeSantisā€™ legislative cronies for peddling more anti-LGBTQ lies on the House floor today and ramming through an expansion of the censorship policies that have emptied bookshelves across the state and wreaked havoc on our schools. Shame on them for ignoring the voices outside demanding a state that respects all families and protects all students.ā€

House passage of HB 1069 comes as last yearā€™s “Donā€™t Say Gay” law wreaks havoc on Floridaā€™s schools and drives educators and families from the state. DeSantisā€™ Florida has become synonymous with the sweeping book bans that are targeting books with LBGTQ characters or Black history themes, including “The Life of Rosa Parks” and “And Tango Makes Three.” Studentsā€™ graduation speeches have been censored.

Rainbow Safe Space stickers have been peeled from classroom windows. Districts have canceled long standing after school events and refused to recognize LGBTQ History Month.

The rampant right wing censorship has exacerbated Floridaā€™s exodus of educators, with vacant teacher positions ballooning to more than 8,000, and, according to a recent survey from the Williams Institute, has led a majority of LGBTQ parents in the state to consider leaving Florida altogether.

On Thursday, parents and educators held a joint press conference outside the House chamber to decry this legislation and other proposals that would strip them, their students, and their families of the rights to academic and medical freedom.

That same day, Republicans lawmakers rejected numerous reasonable amendments to House Bill 1069, including a Parental Rights amendment by state Rep. Rita Harris that would have allowed parents to write a letter instructing schools on what pronouns their child should be addressed with, a clarifying amendment from state Rep. Ashley Gantt that would have finally defined the term ā€œclassroom instruction,ā€ which bill sponsor state Rep. Stan McClain acknowledged has been left undefined and vague, and a marriage equality amendment by state Rep. Michele Rayner-Goolsby that would have struck outdated and bigoted sex education language that mandates instruction on the benefits of ā€œmonogamous, heterosexual marriage.ā€

The more than 150 high school and college students who rallied in Tallahassee filled the Capitol rotunda just before 1 p.m. ET, with their chants of ā€œthis is what democracy looks likeā€ temporarily interrupting a disinformation-filled rant by GOP Representative, and sponsor of the bill to criminalize medical care for transgender youth, Ralph Massullo.

The “Donā€™t Say Gay” expansion billā€™s Senate version, Senate Bill 1320, will move next to its final committee, Fiscal Policy.

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Florida

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

Orlando police say cause of death undetermined

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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 ā€œdoes not appear suspicious at this time.ā€ USA Today reports that police said their investigation into the death was ā€œactive and ongoing.ā€

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

ā€œAs an employer, we cannot comment on our employeesā€™ personal matters,ā€ 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 ā€œabsolutelyā€ in an email response to Blade questions.

ā€œDr. David Hanbury was a dear professor, colleague and friend whose influence was far reaching,ā€ Jones said in a March 21 message to the Blade, ā€œWe send our affection, condolences, and prayers of support to Dr. Hanburyā€™s family, friends and all others upon whom he had a lasting impact.ā€

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.

ā€œNearly 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,ā€ Jones said.

ā€œAverett University is committed to inclusion and belonging for all who learn, work and visit our campus,ā€ Jone told the Blade. ā€œOpenness and inclusivity are embedded in our institutionā€™s core values, and we know our diversity makes us stronger.ā€

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 universityā€™s position on homosexuality. Other news reports at the time said the Baptist organization objected to the universityā€™s support for a gay student group.

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

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Florida

Settlement and clarification reached in Fla. ‘Donā€™t Say Gay’ law

Republican Gov. Ron DeSantis signed statute in 2022

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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 stateā€™s controversial ā€œParental Rights in Educationā€Ā law colloquially referred to as the ā€œDonā€™t Say Gayā€ law.

The plaintiffsā€™ 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 ā€˜Donā€™t Say Gayā€™ law in March 2022, reacted in a text message to the Washington Blade saying:

ā€œLGBTQ+ 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. DeSantisā€™ ‘Donā€™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.ā€

ā€œThe 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,ā€ the legal teams noted in a statement. ā€œIt 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 todayā€™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.ā€ 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 studentsā€™ questions), in studentsā€™ academic work product or teachersā€™ 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 ā€œinstructingā€ on the subject of sexual orientation or gender identity.
  • Nondiscrimination.Ā The law does not target LGBTQ+ persons, couples, families or issues.Ā Rather, it requires neutrality and prohibits ā€œclassroom instructionā€ 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.Ā The law does not prohibit Gay-Straight Alliances, including student attendance or participation by teachers or other faculty members.Ā 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 oneā€™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.

ā€œWe 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,ā€ saidĀ Equality Florida Executive Director Nadine Smith.Ā ā€œFlorida 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.Ā 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.Ā The message to school districts, superintendents and teachers alike is clear: Protect every student and respect every family.ā€

In early 2022, Republican Gov. Ron DeSantis signed House Bill 1557, commonly known as the ā€œDonā€™t Say Gayā€ 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 stateā€™s lawyers to forge Monday’s historic settlement.

ā€œThis settlement is a huge victory for our community, both in Florida and nationally. It not only reverses the censorship and intimidation created by Floridaā€™s ‘Donā€™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,ā€ said NCLR Legal Director Shannon Minter in a phone statement to the Blade. ā€œI 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.ā€ 

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

ā€œThis 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 ā€” 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.ā€

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Florida

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

HRC, Equality Florida condemn decision to rescind previous policy

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(Washington Blade photo by Michael K. Lavers)

BY ERIN REED ā€” 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 driverā€™s licenses. 

The letter, written by Deputy Executive Director Dave Kerner, states that gender will be interpreted as ā€œbiological sex.ā€ Furthermore, the letter declares that any person ā€œmisrepresentingā€ 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 ā€œgenderā€ is synonymous with ā€œbiological sex,ā€ and argues that gender identity is ā€œneither immutable nor objectively verifiable.ā€ It suggests that permitting trans individuals to update their gender markers on their driverā€™s licenses would ā€œprevent the state from enforcing its laws.ā€ 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 Medicineā€™s ban on trans care, Virginia Gov. Glenn Youngkinā€™s directive through the Board of Education to ban trans bathroom usage in schools, and Missouri Attorney General Andrew Baileyā€™s efforts to target adult trans care via the rule-making process. However, none of these examples previously involved driverā€™s licenses. If upheld, Florida would become the first state to prohibit driverā€™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 driverā€™s licenses not aligning with their ā€œbiological sexā€ 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 driverā€™s license ā€œmisrepresentsā€ their ā€œbiological sex.ā€

State Rep. Anna EskamaniĀ appeared to confirmĀ 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 driverā€™s license changes through the legislative process: House Bills 1233 and 1639. These bills could require all Floridians to sign ā€œbiological sex affidavitsā€ when renewing or updating their driverā€™s licenses. The policy could be a strategy to deter trans Floridians, aware of the bills, from quickly updating the gender marker on their driverā€™s licenses before their passage. Notably, Florida driverā€™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 driverā€™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:

ā€œThe DeSantis administrationā€™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 driverā€™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.ā€ 

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

ā€œFor years, transgender people have warned of radical anti-LGBTQ+ forcesā€™ true aim: to abuse governmental power to take away our freedoms and drive trans people out of public society,ā€ said Robinson. ā€œFrom AG Paxton hunting for private medical information of transgender children, to Floridaā€™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.ā€

Florida currently occupies the most dangerous level on the Transgender Legislative Risk Assessment Map, ā€œDo Not Travel.ā€ The stateā€™s oppressive laws have drawn similar travel advisories from HRC and Equality Florida. Should this policy be enforced, the stateā€™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 ā€œeradication,ā€ 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.

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