Florida
Federal judge halts enforcement of Fla. trans healthcare ban
Advocacy groups challenged Senate Bill 254
In his 44 page ruling, Judge Robert Hinkle of the U. S. District Court for the Northern District of Florida has barred the state from any further enforcement action against transgender youth or their parents from seeking appropriate gender-affirming care.
Hinkle’s ruling allows Florida parents challenging the ban to access necessary medical care for their trans children while the legal challenge to the bans continues. The ruling blocks enforcement of Florida state Boards of Medicine and Osteopathic Medicine rules banning established medical care for trans adolescents as well as provisions in Senate Bill 254 that codify those rules into state law with added criminal and civil penalties.
In his summary Hinkle wrote: “Gender identity is real. Those whose gender identity does not match their natal sex often suffer gender dysphoria. The widely accepted standard of care calls for evaluation and treatment by a multidisciplinary team. Proper treatment begins with mental health therapy and is followed in appropriate cases by GnRH agonists and cross-sex hormones. Florida has adopted a statute and rules that prohibit these treatments even when medically appropriate.”
In todayās ruling the court indicated that the plaintiff parents are likely to succeed in their claims that SB 254 and the Boards of Medicine rules unconstitutionally strip them of the right to make informed decisions about their childrenās medical treatment and violate the equal protection rights of trans youth by denying them medically necessary, doctor-recommended healthcare.
The challenge to the Boards of Medicine and SB 254 healthcare bans is likely to proceed quickly to trial.
The families are represented by Southern Legal Counsel, GLBTQ Legal Advocates and Defenders, the National Center for Lesbian Rights and the Human Rights Campaign, which issued the following statement:
āTodayās ruling is a powerful affirmation of the humanity of transgender people, the efficacy of well-established, science-based medical care, and of the rights of parents to make informed healthcare decisions for their children. The court recognized the profound harm the state of Florida is causing by forcing parents to watch their kids suffer rather than provide them with safe and effective care that will allow them to thrive. We are incredibly relieved that these Florida parents can continue to get healthcare for their children while we proceed to challenge these bans and eventually see them fully overturned.ā
Read the ruling:
Florida
Settlement and clarification reached in Fla. ‘Donāt Say Gay’ law
Republican Gov. Ron DeSantis signed statute in 2022
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 stateās controversial āParental Rights in EducationāĀ law colloquially referred to as the āDonāt 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 āDonāt Say Gayā law in March 2022, reacted in a text message to the Washington Blade saying:
āLGBTQ+ 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 ‘Donāt 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
āThe 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. āIt 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 todayās 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 āinstructingā 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 āclassroom 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 oneās 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.
āWe 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 āFlorida 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 āDonāt 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 stateās lawyers to forge Monday’s historic settlement.
āThis settlement is a huge victory for our community, both in Florida and nationally. It not only reverses the censorship and intimidation created by Floridaās ‘Donāt 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. āI 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:
āThis 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
Florida
Fla. DMV: ‘Misrepresenting’ gender on drivers licenses is fraud
HRC, Equality Florida condemn decision to rescind previous policy
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 driverās licenses.
The letter, written by Deputy Executive Director Dave Kerner, states that gender will be interpreted as ābiological sex.ā Furthermore, the letter declares that any person āmisrepresentingā 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 āgenderā is synonymous with ābiological sex,ā and argues that gender identity is āneither immutable nor objectively verifiable.ā It suggests that permitting trans individuals to update their gender markers on their driverās licenses would āprevent 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 Medicineās ban on trans care, Virginia Gov. Glenn Youngkinās directive through the Board of Education to ban trans bathroom usage in schools, and Missouri Attorney General Andrew Baileyās efforts to target adult trans care via the rule-making process. However, none of these examples previously involved driverās licenses. If upheld, Florida would become the first state to prohibit driverās 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 driverās licenses not aligning with their ābiological 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 driverās license āmisrepresentsā their ābiological 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 driverās license changes through the legislative process: House Bills 1233 and 1639. These bills could require all Floridians to sign ābiological sex affidavitsā when renewing or updating their driverās licenses. The policy could be a strategy to deter trans Floridians, aware of the bills, from quickly updating the gender marker on their driverās licenses before their passage. Notably, Florida driverās 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 driverās 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:
āThe DeSantis administrationās 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 driverās 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:
āFor 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. āFrom AG Paxton hunting for private medical information of transgender children, to Floridaās 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, āDo Not Travel.ā The stateās oppressive laws have drawn similar travel advisories from HRC and Equality Florida. Should this policy be enforced, the stateās 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 āeradication,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.
Florida
Fla. bans all DEI programs at state colleges and universities
‘This is a brazenly political attack on Floridaās colleges’
On Wednesday the Florida State Board of Education implemented strict regulations to limit the use of public funds for diversity, equity and inclusion programs, activities and policies in the Florida College System.
The rule adopted by the board defined, for the first time, DEI and affirmatively prohibits FCS institutions from using state or federal funds to administer programs that categorize individuals based on race or sex for the purpose of differential or preferential treatment.
In a statement the board noted that its decision āwill ensure that taxpayer funds can no longer be used to promote DEI on Floridaās 28 state college campuses.ā
āThe State Board of Education also replaced the course ‘Principles of Sociology’ with a comprehensive general education core course in American history. The aim is to provide students with an accurate and factual account of the nationās past, rather than exposing them to radical woke ideologies, which had become commonplace in the now replaced course,ā the statement continued.
āHigher education must return to its essential foundations of academic integrity and the pursuit of knowledge instead of being corrupted by destructive ideologies,ā said Florida Commissioner of Education Manny Diaz, Jr. āThese actions today ensure that we will not spend taxpayersā money supporting DEI and radical indoctrination that promotes division in our society.ā
Joe Saunders, senior political director for Equality Florida, responded.
āThereās no surprise today that the State Board of Education, a board that has been a rubber stamp for Gov. Ron DeSantisās agenda of censorship and surveillance, moved forward with another sweepingly broad rule that abolishes diversity and inclusion programs in the Florida College System,ā Saunders said.
āThe boardās rules go well beyond whatās required by Gov. DeSantisās already extreme SB 266, handcuffing state colleges from using any state-funded resources on diversity programs that help recruit talented faculty, support students with unique needs, and help Floridaās colleges compete for national research and funding. This is a brazenly political attack on Floridaās colleges, and all minorities in Florida, and is one more way state agencies have been weaponized to support Gov. DeSantisās failing political ambitions. Shame on the State Board of Education for passing rules that weaken and threaten Floridaās colleges in service to one more manufactured culture war,ā Saunders added.
The Human Rights Campaign reacted to the news, noting:
āThe State Board of Educationās rule is the latest in right wing attacks on programs that make college campuses inclusive, welcoming, and ensure all students and faculty have the chance to thrive. In his quest for power, Gov. DeSantis has weaponized state agencies, wielding them against the people they are there to serve, and used education as his political punching bag. This is a shameful assault on Floridaās college students and staff of all backgrounds,ā National Press Secretary Brandon Wolf said in an emailed statement.