Connect with us

Opinions

Florida’s ‘Don’t Say Gay’ laws undermine protections for LGBTQ teachers, students

Measures must be stricken down, enjoined, or otherwise invalidated

Published

on

Florida Gov. Ron DeSantis (Screen capture via NBC News)

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.

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.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Opinions

Why we need to recognize and celebrate Lesbian Day of Visibility

Fighting erasure inside and outside of the LGBTQ community

Published

on

Lesbian and queer organizers like Audre Lorde, fought for intersectional activism. (Screen capture via Black Lesbian Archives/YouTube)

Sunday, April 26 is Lesbian Visibility Day. It concludes Lesbian Visibility Week that started this past Monday. Originally founded back in 2008 by the National Coalition for LGBT Health — and separately by a group of American lesbian activists who ran a social media campaign called “I am a Lesbian” that same year — Lesbian Visibility Day fights lesbophobia, or hatred, discrimination, and violence toward lesbians, and the erasure of lesbians inside and outside of the LGBTQ community.

Amid the rise of anti-LGBTQ and reproductive healthcare legislation and court decisions, there has never been a better time to reflect on the intersectionality of fighting for queer people’s and women’s rights and recognizing the queer women who were integral in the feminist movement that made America what it is today. 

From the very beginning, lesbians have been critical to American liberation movements. Lesbian and queer women were key leaders and organizers of the women’s suffrage movement, including Dr. Anna Howard Shaw, Jane Addams, Annie Tinker, Alice Dunbar-Nelson, Molly Dewson, and Sophonisba Breckinridge. Some of these women even lived in same-sex partnerships, known as “Boston marriages,” during a time when homosexuality was illegal. 

Similarly, during the Second Wave Feminist movement, lesbians were key activists that fought to integrate issues of LGBTQ equality into the women’s movement. 

Lesbian and queer organizers like Audre Lorde, Adrienne Rich, Barbara Smith, and Rita Mae Brown fought for intersectional activism, noting how sexism, racism, homophobia, and ableism intersect to keep women and other marginalized individuals down. But many of these lesbian activists faced backlash from the mainstream women’s movement, called a “lavender menace” that threatened the women’s movement’s progress.

Betty Friedan, then president of The National Organization for Women (NOW), first used this term in 1969 — ironically the same year as the Stonewall Riots — to refer to the danger that integrating lesbian issues into the mainstream women’s movement might pose to the success and timeliness of women’s rights. Friedan and other NOW members worried that intentionally including lesbians in NOW and its objectives would create the impression that the movement was full of misandrists and “a bunch of dykes.”

That same year, NOW removed the Daughters of Bilitis, the first American lesbian organization, from their list of sponsors for the First Congress to Unite Women in November 1969. 

In response, a group of lesbian radical feminists reclaimed the term during their protest at the Second Congress to Unite Women in 1970. The group, called Radicalesbians, along with people from the Gay Liberation Front and other allied groups, burst into the Second Congress and demanded that NOW accept and intentionally include lesbians and queer women in the feminist movement. Lesbians, queer women, and allies lined the aisles of the auditorium holding signs and shouting “We are all lesbians” and “Lesbianism is a women’s liberation plot.”

As Karla Jay, another member of the Lavender Menace who stood up in the audience, said, “Yes, yes, sisters! I’m tired of being in the closet because of the women’s movement.” 

Not only was this moment a critical challenge of the movement’s tendency to foreground white, straight women’s experiences and rights, and was applauded by feminists of color who routinely felt their voices remained unheard and experience unrepresented in the movement, but it also invited members of the feminist movement to confront their own lesbophobia. The rest of the Second Congress to Unite Women was replaced by workshops on issues lesbian women are facing and a dance hosted by the Gay Liberation Front at the Church of the Holy Apostles.

At the end of the conference, members of the Lavender Menaces shared the resolutions that they and NOW members developed in those two days of workshops to the leaders of NOW, and by 1971, NOW passed a resolution to support lesbians. However, Friedan did not acknowledge the critical contributions of lesbian women in the feminist movement until six years later at the 1977 National Women’s Conference.

Many have pointed out how Friedan and other feminists’ fear about and exclusion of lesbian and queer women in their movement is deeply connected to present opposition against including trans women in modern feminist circles. Often called TERFS or Trans-Exclusionary Radical Feminists, feminists prioritizing womanhood based solely on sex assigned at birth perpetuate the same gender policing of women’s spaces that Friedan and others did over 50 years earlier — this time, excluding not just trans women but also intersex women and denying how transphobia is a critical feminist issue. Black cis women are especially vulnerable to transphobic violence. 

Never has it been clearer that women’s liberation is lesbians’ liberation is BIPOC women’s liberation is trans women’s liberation. In fact, the fourth and fifth wave feminist movements that first emerged in the early 2000s strive to re-center the movement on collective, intersectional action rather than individual empowerment. Some feminists have even joined the trans-led Gender Liberation Movement, founded by Raquel Willis and Eliel Cruz in 2024, that fights for bodily autonomy and pushes for organizing and policy that frees all people from gendered expectations. 

Lesbophobia remains alive and well

Protecting lesbian, bisexual, and queer women’s rights has never been more timely because lesbophobia is not a thing of the past. Recent backlash to Netflix announcing that the next season of Bridgerton will feature a sapphic storyline makes it clear that lesbophobia is alive and well, even as stories featuring bisexual and gay men are receiving critical and fan praise. In fact, television shows featuring lesbian and queer women were significantly cut. In 2022, more than two-thirds of all cancelled LGBTQ shows featured queer women. Lesbophobia is alive and well sadly, along with the fetishization of lesbian and queer women online.

And just how Friedan and other NOW leaders’ fears around lesbians resonate with current TERF action against trans women, the “Lavender Scare” or systematic firing of LGBTQ employees during the McCarthy Era is making a comeback. Many of the people who were fired by the federal government during this time are still alive and have never been given an apology for how they were treated and discarded by the federal government.

The current administration’s attempts to terminate anyone working in Diversity, Equity, and Inclusion initiatives, disband LGBTQ employee resource groups, and earlier this month, requesting access to the medical records of millions of federal workers, retirees, and their family members, recall another history of excluding LGBTQ people.

As CNN reported earlier this month, a notice that was sent to insurers that offer Federal Employees Health Benefits of Postal Service Health Benefits plans this past December asks them to provide “service and cost data,” which the Office of Personnel Management (OPM) argues will be used to ensure “competitive, quality, and affordable plans.”

Michael Martinez, senior counsel at Democracy Forward, told CNN earlier this month that OPM has given no insight into how they would use and protect this information, and warns that it could be used to target people who have sought or had abortions or those who have had or are inquiring about gender affirming care, again tying together trans liberation with women’s liberation and the protection of bodily autonomy.

So as we celebrate Lesbian Visibility Week, it is critical to acknowledge how lesbian women calling for intersectionality (along with Black, Indigenous, and Latina women who have done this work for centuries), fundamentally changed the trajectory of the feminist movement —and how their call for intersectionality is still timely and important. 


Emma Cieslik is a museum worker and public historian.

Continue Reading

Opinions

How arts institutions built the city that politics couldn’t

Doing the work that politicians have left undone

Published

on

The Gay Men's Chorus of Washington performs at Tracks on Nov. 14, 1984. (Washington Blade archive photo by Doug Hinckle)

Washington is often described as a city consumed by politics. The story is usually about power — who has it, who wants it, who just lost it. But that version of Washington barely scratches the surface. 

The real texture of this place — its neighborhoods, its memory, its communities, its soul— rarely fits inside the horse-race coverage that so often defines the city from the outside. Much of that texture lives in the city’s cultural institutions: its theaters, choruses, galleries, and community arts spaces.

And right now, that foundation is under threat from pressures such as rising costs, shrinking grants, and uncertain funding cycles. When arts organizations in this city close or cut back, what disappears is not a season of concerts. It is the room where a teenager finds out the city has a place for them. It is the stage where a neighborhood tells its own story. It is years of civic life, built slowly and at great cost.

I serve as the executive director of the Gay Men’s Chorus of Washington, DC (GMCW). We were founded in 1981, the same year the AIDS crisis began reshaping our community in ways we are still reckoning with. Our first public performance was at the District Building, at Mayor Marion Barry’s invitation. Our first holiday concert was a collaboration with the DC Area Feminist Chorus and D.C.’s Different Drummers. From the very beginning, we were not just a singing group. We were a civic statement. And we were part of a city that had been making civic statements through art for a very long time.

In 1965, Frank Kameny and the Mattachine Society of Washington organized the first gay rights picket at the White House. A decade later, Lambda Rising — founded as the first non-bar business in D.C. serving the gay community — hosted the city’s first official Gay Pride event and became what participants called “The Community Building”: bookstore, meeting hall, political nerve center, and arts hub all at once. DC Black Pride launched in 1991, born directly from the urgent organizing that the HIV/AIDS crisis demanded. In a city where queer people had been fired from federal jobs for who they were, cultural space was a form of resistance.

That is the history we inherited when GMCW held its organizing meeting on June 28, 1981, deliberately chosen as the 12th anniversary of Stonewall. We struggled early on to find a church willing to host us. St. Mark’s Episcopal finally said yes. It was the same church that had hosted Mattachine Society meetings. In that small fact, you can see how Washington works: religious space, movement history, and performing arts overlapping to create something the city needed.

Over more than four decades, we have tried to honor that inheritance. We have performed at the White House and at Washington National Cathedral. We were the first queer choral group invited to perform at a presidential inauguration, appearing during Bill Clinton’s second inaugural in 1997. We have partnered with Whitman-Walker Health, the Library of Congress, and community organizations across the District.

GenOUT Chorus performs in ‘Passports’ at Lincoln Theatre in March of last year. (Washington Blade photo by Michael Key)

Some of the work I am most proud of is the work we are doing for the future. Our GenOUT Youth Chorus, launched in 2015, was the first LGBTQ+ youth chorus in the D.C. area. These young people find in GenOUT a place that tells them they are not problems to be managed. They are artists. They are part of this community. They belong here, and they have something to say.

That is what arts institutions do that no policy document fully captures. They create the conditions for people to recognize themselves and each other. Dance Place turned an abandoned Brookland warehouse into a community cultural center. GALA Hispanic Theatre has tied performance to youth education for nearly 50 years. Woolly Mammoth has challenged and expanded what theater can hold. Shakespeare Theatre Company’s Free For All has drawn thousands to classical performance, free of charge, year after year.

These organizations are infrastructure. Right now, this infrastructure is fragile. Arts organizations run on thin margins, on the faith of donors and audiences and grantmakers, on the labor of people who could earn more doing something else and choose not to. When that support erodes — as it periodically does, often in the name of austerity or political expediency — what is lost is the connective tissue of civic life.

Washington is a political city. But it is also a city where queer people have sung, mourned, celebrated, and organized for decades. It is a city where arts institutions have again and again shown up to do the work that politics left undone.


Justin Fyala is executive director of the Gay Men’s Chorus of Washington, D.C.

Continue Reading

Commentary

Adoption under suspicion

Italy and the US are two case studies

Published

on

The Coliseum in Rome on July 12, 2025. Italy is a case study of what can happen when the legal framework for adoption rights for same-sex couples is uncertain. (Washington Blade photo by Michael K. Lavers)

A right does not need to be banned to be restricted. Sometimes it only needs to be made uncertain.

That is what emerges from a closer examination of adoption access for same-sex couples across different countries. There is no broad legal rollback. What appears instead is a more subtle pattern: rights that remain on paper but become fragile, conditional, and uneven in practice.

Italy provides a clear example.

Since 2023, under the government of Giorgia Meloni, administrative decisions have limited the automatic recognition of both mothers in female same-sex couples, particularly in cases involving assisted reproduction abroad. In practice, many families have been forced into additional legal proceedings to validate relationships already established.

At the same time, Italy has intensified its opposition to surrogacy, extending penalties even to those who pursue it outside the country. Human rights organizations have warned that these measures disproportionately affect LGBTQ families, particularly male couples.

The judiciary, however, has pushed back.

In 2025, the Constitutional Court ruled that a non-biological mother cannot be excluded from legal recognition when there is a shared parental project. It also removed a long-standing restriction that prevented single individuals from accessing international adoption.

Italy has not eliminated these rights. But it has made them unstable.

When a right depends on litigation, judicial timelines, or shifting interpretations, it is no longer fully guaranteed.

In the United States, the structure differs, but the outcome converges.

At the federal level, same-sex couples can adopt. Yet the system varies widely across states.

Data from the Movement Advancement Project show that while some states explicitly prohibit discrimination in adoption, others provide no clear protections. In several states, licensed agencies can refuse to work with same-sex couples based on religious objections.

Access, therefore, is shaped not only by law, but by geography, institutions, and applied standards.

Research from the Williams Institute further complicates the narrative. Same-sex couples adopt and foster children at higher rates than different-sex couples.

The contradiction is clear.

Child welfare is invoked, yet the pool of available families is reduced. Faith is cited, yet it is used as a filter within publicly funded systems.

The consequences are tangible
children remain longer in care
processes become more complex
families face unequal scrutiny

What is happening in Italy and the United States is not isolated. Across parts of Europe, conservative governments have advanced legal frameworks that reinforce traditional definitions of family while limiting recognition of diverse ones.

Adoption is not always addressed directly. But the impact accumulates.

Options are restricted while the language of protection is used to justify it.

There is no need to soften it.

This is not only a debate about family models. It is a decision about who is recognized as family and who must continue asking for permission.

That is not neutral.

It is political.

And when a right depends on where you live, who evaluates you, or how hard you are willing to fight for it, that right is already being weakened.

Continue Reading

Popular