Opinions
Florida’s ‘Don’t Say Gay’ laws undermine protections for LGBTQ teachers, students
Measures must be stricken down, enjoined, or otherwise invalidated
Formally entitled the “Parental Rights in Education Act,” Florida House Bill 1557 amends Florida Statute § 1001.42 to add a new subsection 8(c)(3), which provides: “Classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in kindergarten through grade 3 or in a manner that is not age-appropriate or developmentally appropriate for students in accordance with state standards.” In May of this year, Florida Governor Ron DeSantis signed House Bill 1069, which has been viewed as expanding H.B. 1557 by requiring that sex education classes in Florida teach that “sex is determined by biology and reproductive function at birth,” and that reproductive gender roles are “binary, stable, and unchangeable.” Among other things, the new bill also broadens the ban on classroom discussions of gender identity and sexual orientation so that it covers pre-kindergarten through eighth grade and prevents employees from using pronouns other than those that correspond with sex assigned at birth. Critics of these laws have labeled H.B. 1557 and H.B. 1069 “Don’t Say Gay” laws. We share these critics’ concerns.
Below, we highlight the potential of these laws to undermine anti-discrimination protections for teachers and students at public educational institutions in Florida and summarize litigation challenging these laws.
I. The Legal Landscape for LGBTQ Anti-Discrimination Protections in Florida
On June 15, 2020, the Supreme Court issued a landmark decision in Bostock v. Clayton County, Georgia, 140 S. Ct. 1731 (2020). In a 6-3 decision, the Court interpreted existing federal law to protect LGBTQ individuals from discrimination in employment and public accommodations by recognizing sexual orientation and gender identity as protected categories under Title VII of the Civil Rights Act of 1964. As a result of Bostock, LGBT individuals who work for an employer with fifteen (15) or more employees, and who have experienced discrimination based on their sexual orientation or gender identity, now have the right to take legal action against their employer by filing a charge with the Equal Employment Opportunity Commission and/or taking their employer to court.
In light of the Supreme Court’s decision, the Florida Human Rights Commission issued a notice that clarified that the agency would now broaden its mandate to include combatting discrimination based on gender identity and sexual orientation. Thus, after Bostock, LGBTQ Floridians, including teachers, gained vital anti-discrimination protections at work and in housing under both federal and state law.
Bostock v. Clayton County has been interpreted to protect LGBTQ students from discrimination as well. For instance, in Grimm v. Gloucester County School Board, 972 F.3d 586 (4th Cir. 2020),the U.S. Court of Appeals for the Fourth Circuit relied on Bostock to hold that disparate treatment on the basis of a student’s sexual orientation and transgender status—in this case, barring transgender students from using school restrooms that align with their gender identity—is considered discrimination under Title IX of the Education Amendments of 1972. Id. at 618–19. These protections are especially important for LGBTQ students in conservative states like Florida; these students may face discrimination on a direct level as well as indirectly from institutions and political players who aim to promote homophobic and transphobic rhetoric and policies.
Unfortunately, the victory represented by Bostock has been overshadowed by H.B. 1557 and H.B. 1069.
II. Harm and Confusion Created by H.B. 1557 and H.B. 1069
While it is too soon to know how H.B. 1557 and H.B. 1069 will impact the application of Bostock, there is cause for alarm. Under Florida law, if a parent raises a concern about compliance with H.B. 1557 and that concern is not “resolved by the school district,” the parent may proceed before a special magistrate or “[b]ring an action against the school district to obtain a declaratory judgment that the school district procedure or practice violates [H.B. 1557] and seek injunctive relief.” Fla. Stat. § 1001.42(8)(c)(7)(b). If the parent prevails in the suit, the court may offer the parent damages and “shall award reasonable attorney fees and court costs.” Id.
Undoubtedly, Florida’s LGBTQ teachers will face greater scrutiny and potential legal obstacles as a result of these laws. As critics have pointed out, these laws’ ambiguity and undefined terms represent a potential minefield for LGBTQ teachers. For instance, Florida law now bans instructing some students on sexual orientation. Would a gay teacher who mentions in class that he has a husband violate this law? Would a cisgender teacher with a nonbinary child be in violation if she referenced her child by their proper pronouns in front of her students?
For transgender and nonbinary teachers, the environment is even more dangerous. H.B. 1069, which went into effect on July 1, 2023, states: “An employee or contractor of a public K–12 educational institution may not provide to a student his or her preferred personal title or pronouns if such preferred personal title or pronouns do not correspond to his or her sex,” with “sex” defined in strictly “biological” terms. Fla. Stat. § 1000.071(1), (3). It is unclear whether this language (i) forbids a transgender or gender-nonconforming teacher from providing the teacher’s own preferred pronouns to students, or (ii) forbids a teacher from providing a transgender or gender-nonconforming student’s preferred pronouns to that student—or both. Ambiguities aside, this provision is likely to force transgender and nonbinary teachers in Florida back into the closet or ban them from teaching in Florida schools altogether. If transgender and nonbinary teachers are prohibited from truthfully representing their identities in front of their students, transgender and nonbinary identities are essentially banished from the classroom entirely.
Already, headlines have been made by teachers who have fallen on the wrong side of these new laws. For instance, the Hernando County School Board placed a fifth-grade teacher in Brooksville, Fla. under investigation for showing her class a Disney film that depicted a gay character. In another instance, an assistant principal in Polk County was told that she couldn’t pass out LGBTQ-inclusive “safe space” stickers because it violated the new legislation. Some teachers have publicly decried that the laws make their jobs nearly impossible and others have decided to quit teaching altogether.
While these laws are new and their impact on Florida’s LGBTQ teachers and other staff is only just beginning to be understood, the socio-political movement that paved the way for this legislation has been decades in the making. In 1977, singer and political activist Anita Bryant led an anti-LGBTQ campaign in Dade County, Florida, targeting housing and employment protections for gay individuals. Bryant was particularly concerned that the ordinance would prevent gay teachers from being fired for their sexual orientation and she argued that gay teachers posed a threat to Florida’s children. Unfortunately, the campaign was a short-term success for anti-LGBTQ activists, culminating with the repeal of a nondiscrimination ordinance. Historians note that this tactic of using the protection of children to restrict LGBTQ rights was seen even before Bryant’s crusade, with the infamous Johns Committee in 1958 targeting and eliminating LGBTQ individuals from Florida schools.
Although Bryant initially won the repeal of the ordinance, her activism spurred LGBTQ mobilization that ultimately successfully countered her bigoted efforts.
III. Lawsuits to Enjoin Enforcement
We are aware of two recently filed cases seeking to enjoin enforcement of H.B. 1557.
First is M.A. v. Florida State Board of Education, No. 4:22CV00134 (N.D. Fla.), a case that was initiated in the U.S. District Court for the Northern District of Florida on March 31, 2022. In M.A., a group of students, parents, and teachers advanced claims arising from alleged violations of the Constitution’s Due Process and Equal Protection Clauses, the First Amendment, and Title IX of the Education Amendments of 1972. On February 15, 2023, District Judge Allen Winsor, a Trump appointee, concluded that the plaintiffs had “not alleged sufficient facts to show standing” and dismissed the case. M.A. v. Fla. State Bd. of Educ., No. 4:22-cv-134-AW-MJF, 2023 WL 2631071, at *1 (N.D. Fla. Feb. 15, 2023). In so holding, the court reasoned that the plaintiffs failed to “allege facts showing any concrete future harm that is fairly traceable to [H.B. 1557’s] enforcement and redressable by an injunction prohibiting that enforcement.” Id. at *2. On March 20, 2023, the plaintiffs appealed the case to the U.S. Court of Appeals for the Eleventh Circuit. See M.A. v. Fla. State Bd. of Educ., No. 23-10866, Dkt. 1 (11th Cir. Mar. 20, 2023). In their appellate briefing, the plaintiffs argue that the district court erred because the plaintiffs alleged sufficient facts to confer standing in the form of “three distinct injuries caused by H.B. 1557”: (i) a chilling effect on speech, (ii) denial of access to ideas and information in school, and (iii) stigma and unequal treatment in schools based on LGBT status. See M.A. v. Fla. State Bd. of Educ., No. 23-10866, Dkt. 38, at 38 (11th Cir. May 31, 2023). As of this writing, the appeal remains pending before the Eleventh Circuit.
Second is Cousins v. School Board of Orange County, Florida, No. 6:22-CV-01312 (M.D. Fla.), which was initiated in the U.S. District Court for the Middle District of Florida on July 25, 2022. The plaintiffs in Cousins were a group of students and parents, as well as a mission-driven non-profit called CenterLink, Inc, who advanced claims arising from alleged violations of the First Amendment and the Constitution’s Due Process and Equal Protection Clauses. On August 16, 2023, District Judge Wendy Berger, also a Trump appointee, dismissed the case for reasons similar to the reasons provided by Judge Winsor in the M.A. litigation. See Cousins v. Sch. Bd. of Orange Cnty., Fla., No. 6:22-cv-1312-WWB-LHP, Dkt. 143 (M.D. Fla. Aug. 16, 2023). As of this writing, the plaintiffs have not appealed the decision.
It remains unclear whether and to what extent these two cases will succeed in enjoining enforcement of H.B. 1557 and H.B. 1069. Settlement discussions are currently ongoing in the M.A. case, and we are cautiously optimistic that the plaintiffs in that case will be able to obtain some form of relief.
Whether through litigation, legislative repeal or some other means, Florida’s recently enacted anti-LGBT laws are harmful and should be stricken down, enjoined, or otherwise invalidated.
Opinions
Capital Pride must be transparent about sexual misconduct investigation
More questions than answers after two board members resign
We are living through some very difficult times in our country. We have a felon in the White House who has surrounded himself with incompetent sycophants and fascists. A Congress that bows down to him, often based on his threats. Things have gotten so bad that his supporters are beginning to wake up to the fact that he cares not a whit for them. They are demanding he stop hiding his involvement with the convicted sex trafficker, Jeffrey Epstein, and come clean. So, to distract them from this, he began a war in the Middle East in which members of the American military have already lost their lives. He says more lives will be lost. He hopes this war of distraction will have Americans forget his failed domestic policies and the Epstein scandal.
But at the same time that all of this is happening, I am forced to look around at organizations I support and ask if they are being open and honest in the way we are demanding of the felon in the White House.
Recently, I have received calls about an organization I have the utmost pride in: Capital Pride. The calls are about Capital Pride’s internal investigation of “a claim” made against a former board chair, who resigned and no longer has any role with the organization. There has been no public proof of any wrongdoing. At the time, Capital Pride announced it had retained an “independent firm” to investigate the complaint. Now, more than four months later, a second board member has resigned sharing her letter of resignation with the Blade.
Taylor Lianne Chandler, a member of the Capital Pride board of directors since 2019 who served as the board’s secretary, submitted a letter of resignation on Feb. 24 that alleges the board has failed to address instances of “sexual misconduct” at Capital Pride.
“This board has made its priorities clear through its actions: protecting a sexual predator matters more than protecting the people who had the courage to come forward. … I have been targeted, bullied, and made to feel like an outsider for doing what any person of integrity would do – telling the truth,” Chandler wrote in her resignation letter.
The Blade reported the organization announced, “As we continue to grow our organization, we’re proactively strengthening the policies and procedures that shape our systems, our infrastructure, and the support we provide to our team and partners.”
Again, it is four months later, and there has been no information from Capital Pride regarding that investigation.
Chandler said a Capital Pride investigation identified one individual implicated in a “pattern” of sexual harassment related behavior over a period of time. She added she was bound by a Non-Disclosure Agreement that applies to all board members and she cannot disclose the name of the person implicated in alleged sexual misconduct or those who came forward to complain about it. She added, “It was one individual, but there was a pattern and a history.”
Again, reading that letter from Chandler and because of the news being full of the Epstein scandal, it makes me want assurances that no organization representing my community will ever think it can cover up issues like this. Capital Pride leadership must be totally transparent.
Capital Pride is a wonderful organization with so many incredible people working and volunteering there. They make our community proud. I never want to see a blemish on the organization. So, I am calling on them to be open and transparent about the investigation they themselves announced, and let the community know what they found, in detail. More important even than the entire community knowing, is for their staff and volunteers to know what they found. No one should be bound by an NDA, which leads to people thinking something really bad is going on.
I thought twice, even three times, before writing this column. I don’t want it to be seen as casting aspersions on all of Capital Pride, or anyone who may have worked there, or volunteered there. But again, because of the focus on the Epstein scandal, and my writing about the felon and his Cabinet officials involved in it, my calling for them to come clean and tell us all they know, I feel compelled to say the same to the organization I have supported over the years, which even honored me as a Capital Pride Hero in 2016. I want them to move forward and be a beacon of light for our community for many years to come. The work they do makes a difference for so many.
I wrote in my memoir that coming to a Pride event helped me to come out, and I am sure it has done the same for so many others in our community. What Capital Pride does is important and it must be as transparent as we demand of any other organization.
Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.
Opinions
An undeclared war of distraction by the felon
Will Trump claim a national emergency to undermine midterms?
The president of the United States in his rambling speech about our attack on Iran, recorded during a campaign trip, said, “The Iranian regime seeks to kill. The lives of courageous American heroes may be lost and we may have casualties — that often happens in war — but we’re doing this not for now. We’re doing this for the future, and it is a noble mission.”
Well, the United States has not declared war on Iran, only Congress can do that, not the president. As I write this, the felon has yet to make a live speech to the American people about what he is doing, and Americans have already lost their lives. He is weekending as he usually does at Mar-a-Lago. I wonder if he has the balls to head out to the golf course while American lives continue to be at stake.
This operation is clearly the felon’s way of distracting the people of the United States from his failed domestic policies. From rising food prices, rents, and health insurance. From the loss of manufacturing jobs, as reported in November ”manufacturing shed another 6,000 jobs in September, for a total loss of 58,000 since April.” Had he not acted on Iran now every news outlet in the nation would have reported on the Epstein scandal with the release of the depositions, video and transcripts, of former Secretary of State Hillary Clinton and former President Bill Clinton, in front of the Congressional Oversight Committee.
Even more frightening is this may be his way of preparing to claim a national emergency to undermine the midterm elections, which he is clearly on target to lose, now that his Save America Act has been defeated in Congress.
Americans must ask themselves how long they will put up with this warmonger, racist, sexist, lying, homophobic, SOB, who cares not a whit for them, but only for himself, and his rich colleagues, taking as much grift as they all can, while he is president.
None of this is to say we shouldn’t put constraints on Iran, work to see they never have a nuclear bomb, and limit their production of missiles. We were working toward the goal of stopping them from having a nuclear bomb when the felon, in his first term, pulled us out of the agreement to move forward on that. Today, he has sidelined the State Department, and his Secretary of State, Marco Rubio, in negotiations, and has relied on his son-in-law, Jared Kushner, and Steve Witkoff. The attack was commenced while negotiations were underway. At the end of last week it was reported, Oman’s Foreign Minister Badr Al-Busaidi, who mediated the talks in Geneva, said there had been “significant progress in the negotiation.” Al-Busaidi added, “Technical-level talks would continue next week in Vienna, the home of the International Atomic Energy Agency.” The United Nations’ atomic watchdog likely would be critical in any deal.
So clearly this is all about what the two negotiators, who have sidelined the State Department, Kushner and Witkoff, secretly reported to the felon. My guess is some progress was being made, clearly it was not what the president wanted. So, what ruled was his immediate need for a distraction after the failure of his State of the Union address to make any impact on his sagging poll numbers.
I have written often of the alternate universe Trump has us living in. I am just waiting for his MAGA cult to react to this. Will they still blindly follow everything he says, or will the Laura Loomers of the world finally say, “screw this, take care of us at home, do what you promised to make our lives better”. The first MAGA to say this was Marjorie Taylor Greene. Then Tucker Carlson added his slam against the felon. His PR flack, Karoline Leavitt, is getting confused by all the lies, recently saying “things are better than they were last year.” Clearly forgetting last year was 2025, and the felon was president for all except for 20 days of it, so is responsible for last year.
I am an optimist and believe our democracy will survive him, and his fascist cohorts’ blatant attacks. We won a revolution against one king, and survived a civil war, becoming even stronger as a united nation. We helped Europe defeat Hitler. I believe Sen. Mark Kelly (D-Ariz.) when he says the military will reject illegal orders. Orders that ask them to act against their fellow countrymen and women. I believe the American people will come to their senses before it’s too late. They will finally reject the POS in the White House, and the sycophants, and fascists, surrounding him in time to reclaim our nation for all the people.
Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.
I recently lost my dog, Argo.
He was a pit bull, big, sweet, endlessly cuddly, and for 15 years he was my constant. The kind of presence you stop consciously noticing until they’re gone and the quiet hits you all at once. Pit bulls have a reputation. Argo never got the memo. He just loved people, completely and without condition, from the moment he met them until his last day.
I wasn’t prepared for what happened next.
My phone filled up. Instagram lit up. Texts came in from people I hadn’t heard from in months, in some cases years. Hugs from neighbors. Messages from colleagues. Condolences from people I’d lost touch with, some through nothing more than the slow drift of busy lives in a busy city, and some honestly through small tiffs and misunderstandings that neither of us ever bothered to resolve.
And sitting with all of that love pouring in, I found myself asking a question I wasn’t expecting: Why has it taken this long?
We do this in D.C. We get caught in our heads, our calendars, our ambitions. We let weeks turn into months. We let a small misunderstanding calcify into distance because nobody wants to be the first one to reach out, nobody wants to seem like they need something. We perform resilience so well that sometimes the people who care about us most don’t know we need them.
And then something breaks open, a loss, a moment of real vulnerability, and suddenly people show up. And you realize the connection was always there. It just needed permission.
Argo gave people permission. Even in dying, he did what he always did when he was alive. He brought people together.
I’ll be honest with you about where I’ve been lately. As I’ve climbed the entrepreneurial ladder, something quietly shifted. People stopped seeing Gerard. They started seeing a title, a resource, someone who could give them something or who owed them something. A character. Not a person. And when most of your day is spent inside other people’s problems and crises, you can start to feel it, a slow creep of cynicism that you don’t even notice until one day you realize you’ve gone numb.
And I’m not alone in that. Look around. We just watched innocent people die while those in power looked us in the face and called it something else. We watched people erupt over a 10-minute halftime performance like it was the greatest threat to our country. Everywhere you look there is something designed to make you angry, or exhausted, or both. Anger and numbness have become survival strategies. I understand it. I’ve lived it.
But here is what Argo reminded me.
The world is not what the loudest voices say it is. The world is what shows up when something real happens. And what showed up for me, after losing my sweet boy, was people. Caring, loving, present people who put down whatever they were doing to reach out to a friend. Some of them I hadn’t spoken to in too long. Some of them I’d had friction with. All of them showed up anyway.
That is the world. That is what it actually is underneath all the noise.
I think we’ve forgotten that. Or maybe we haven’t forgotten it, maybe we’re just so tired and overstimulated and battle-worn that we’ve stopped letting ourselves feel it. Because feeling it requires vulnerability, and vulnerability feels dangerous right now. It’s easier to scroll. It’s easier to stay mad. It’s easier to keep a wall up and call it wisdom.
Argo spent 15 years showing me a different way. He never met a stranger. He never held a grudge. He never saved his love for people who deserved it on paper. He just gave it, freely, every single time. Not a reward. Not a transaction. Just the most natural thing in the world.
Grief burns off everything that isn’t essential and leaves only what matters. What’s left for me is this: the world is full of good people. You may be surrounded by more of them than you know. And if you’ve gone numb, or angry, or so busy surviving that you’ve stopped connecting, I want you to know that the feeling can come back. It came back for me.
Reach out to someone today. Close a distance you’ve let grow. Tell someone they matter. Not because everything is perfect, but because connection is how we survive when it isn’t. Living disconnected, mad and closed off isn’t living at all. It’s a slower kind of dying.
Death came to teach me how to live. I hope this saves you some time.
Gerard Burley, also known as Coach G, is founder and CEO of Sweat DC.
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