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
Why I’m supporting Gary Goodweather for D.C. mayor
In a word, longtime local resident has the character for the job
Hey fellow LGBTQ+ Democrats, this is worth reading! Especially if you’re a voter in Washington, D.C. who’s planning to cast a ballot for the nomination of local candidates in the District of Columbia in 2026.
Because next Tuesday June 16 is a really Big Deal for D.C. Democrats. It’s the first time in two decades that the doors to filling the crucially important job of mayor are wide open because no incumbent is on the ballot.
That is, Mayor Muriel Bowser is not running for election. Instead she will — at last, and after three terms in office — symbolically ride off into the political sunset. And to considerable and well deserved applause. Because she’s been rightly lauded for many important accomplishments, including her well documented record of supporting the many diverse issues concerning the LGBTQ+ community.
But she’s been equally derided for her far too spineless a record recently, of (not) effectively opposing President Donald Trump and his outrageous stationing of outsider National Guard armed troops all across D.C. This despicably sad state of affairs has been a grim statement that Washington, D.C. (not being a state) is subject to the Donald’s feral instincts for nastily mean-spirited retributions. But she’s been meek and mild, and even actively complicit with Trump, when other mayors have told Trump to buzz off. And they succeeded.
But enough about Mayor Bowser. Her “sell by date” fast approaches. The old order changes. And a new day dawns.
Next Tuesday, two candidates of this old (and by now seriously outmoded) order seek to win the coveted Democratic nomination for mayor on June 16. First, there’s Janeese Lewis George, who’s a great first or second choice by any measure. And (ahem) then there’s Kenyan McDuffie.
But this is Ranked Choice Voting and it’s brand new. It’s not “either/or” binary, just like we now appreciate that sexual orientation and identity are also non-binary.
My first choice is clear because I know him. His name is Gary Goodweather. But so, who is this outsider candidate for mayor anyway?
It goes like this. First, together with his remarkable wife, successful D.C. Realtor Meredith Margolis, Gary and their two college age kids are all 20-year residents of Dupont Circle. I actually first met Gary and Meredith a year ago at a BBQ event, when he was a speaker at the historic, progressive, feminist Woman’s National Democratic Club.
So once again, who’s this Gary Goodweather? And why should you seriously consider him for your personal first or second or even third choice?
Here’s why. He’s new to politics in the conventional old paradigm of “politics.” But he knows Washington, D.C. forwards and backwards and inside and out. Because he’s been involved for many years in successful local private sector business investments, including the development of neighborhood-based BIDs, or Business Improvement Districts including the one in NoMa.
And his thinking is typically “out-of-the box.” For example, he’s currently an actual active advocate for establishing agriculture in our densely populated urban environment — through so-called “tiered gardens.” Yes, D.C., trust me, this is an actual thing. And yes, it requires street smarts to deal with challenging zoning issues; but it’s a real example of what fresh blood and new thinking and real imagination can bring to our hogtied and often over-regulated city.
Gary was in the U.S. Army and the National Guard for four years as a captain in the armored command. He earned his MBA in finance from Johns Hopkins University in night school.
If elected, Gary would be D.C.’s first Jewish mayor. (His is Reform Judaism. Repair the breach!)
He’s become my friend and I admire his intelligence and diligence and imagination and in a word his character.
Here’s what he said to me about what he calls his political North Star: “All D.C. residents should be protected, regardless of who they love. Love is love. Love who you want. Identify how you choose to be.”
Look, it’s always time for good weather in our city. Maybe it’s time for Gary Goodweather as mayor too. First choice or second choice. Then let’s all see what happens next.
David Hoffman is a freelance writer and retired federal government civil servant. He is a longtime resident of the H Street Northeast corridor. He is a member of both the Woman’s National Democratic Club and DSA, Democratic Socialists of America Metro DC chapter.
Opinions
Don’t just vote for change — vote for Hope Solomon for mayor
LGBTQ community isn’t separate from Washington’s story — it is our story
My name is Hope Solomon, and I’m running for mayor of Washington, D.C.
I’ve spent my entire life here. I attended D.C. Public Schools. I grew up working in my family’s small business here in D.C. I live in Dupont Circle. For 17 years, I worked in national security with the Department of Defense, FBI, and Department of Homeland Security. Then last July, I got DOGE’d by Elon Musk.
I don’t recommend it as a career strategy.
But it did give me something I hadn’t had in a long time: perspective.
For the first time in years, I had space to slow down and ask a simple question: Why does it feel like Washington is being run by the same small group of people playing musical chairs, while everyone else is just expected to live with the results?
That’s when I decided to run.
I wasn’t raised in Washington’s political circles. I was raised in Washington. There’s a difference.
Some of my earliest memories are going to see the AIDS Quilt on the National Mall with my mother. I didn’t fully understand it at the time, but I understood enough to know it mattered—because it made something the country had been trying not to see completely impossible to ignore.
My family’s version of a home-cooked meal has always been Annie’s or Mr. Henry’s. I grew up going to Pride, the High Heel Race, drag brunches, and drag shows. As a kid, I thought that was just what cities were like—sequins, show tunes, queens, neighbors, everything mixed together.
Turns out that wasn’t every city.
It was Washington.
The arts shaped me just as much as anything else. I started at Fillmore Arts Center, trained for years with the Washington School of Ballet, and performed across the city—from the Kennedy Center to Warner Theatre to Lisner Auditorium.
The arts taught me discipline and confidence. But more than that, they taught me something Washington has always understood: A city works when people are free to be exactly who they are.
Growing up here, LGBTQ+ Washingtonians were my neighbors, my teachers, fellow business owners, artists, friends, and family.
They helped build the Washington I know.
And that’s why this moment matters.
Washington is facing a budget crisis. Small businesses are struggling. The federal government is openly hostile toward our city. But what worries me most isn’t just policy—it’s whether we lose what makes Washington itself while trying to fix it.
Because the soul of this city is in places like Annie’s. It’s in neighborhood restaurants, small theaters, Pride celebrations, independent businesses, and the people who make this city feel like home.
As mayor, I’ll fight to protect that. I’ll stand up for LGBTQ+ rights, support LGBTQ+ youth, invest in the arts, strengthen public safety, and back the small businesses that keep our neighborhoods alive.
Most importantly, I’ll lead with the understanding that the LGBTQ+ community isn’t separate from Washington’s story.
It is Washington’s story.
If you want another career politician, you’ve got plenty of options.
If you want someone who was shaped by this city, believes in this city, and is ready to fight for this city, I’m asking for your vote.
Learn more at HopeForDC.com. On Election Day, don’t just vote for change. Vote for Hope.
Hope Solomon is a candidate for D.C. mayor.
Opinions
Vote Kenyan McDuffie for D.C. mayor
He will best protect D.C.’s interests amid federal meddling
Elections are always important, but this year in D.C. they will bring major changes. Because of that, your vote in the Democratic primary on June 16 is more important than ever. D.C. is so overwhelmingly Democratic it is a near certainty the winners in the Democratic primary will win the general election. So, I urge everyone eligible, take the time to vote.
D.C. makes it very easy. Every registered voter has received a ballot in the mail. I cast mine before I left for a vacation. When you read this don’t put your ballot in the mail, rather vote at an early voting location, or put your ballot in one of the drop boxes around the city, or vote in person on June 16. You can find the locations for these options nearest you by going to the DCBOE website.
This year for the first time D.C.is dealing with rank choice voting, and who you rank second, or third, can make a difference in the outcome. It is important to note that you don’t have to rank the candidates. You can bullet vote for the one you like, or rank up to five. If there is one or more you like, you can simply choose a #1 and #2. Again, there is no requirement that you rank more people. From what I am seeing, in most of the races, even if five, six, or more, are running and listed on the ballot, in most of those races it will come down to one or two who have any chance. The way the city handles giving out our public money, it will cost us a lot of taxpayer dollars for all those people with no chance at all to win. I hope after these elections the Council will take a close look at how we do our public financing, and reform it. I am all for public financing, just not at the rate D.C. does it. We must ensure anyone who gets city money, accounts for every penny of it. It should never be spent on personal items. If it is not all used, it needs to be refunded to the city.
I have not made endorsements in every race, but clearly the most important race this year in D.C. is for mayor. After 12 years of Muriel Bowser serving as our mayor, there will be someone new sitting in that office after Jan. 1, 2027. What people must remember when voting for mayor, is the person we elect, even if Democrats take back Congress, and I think we will, must continue dealing with the felon in the White House for the first two years of their term. We have seen doing that requires the skill to walk a tightrope. While fighting him on nearly all he is doing, it’s crucial the mayor understands they must not alienate him to the point where he goes all out to attack the city, and the residents here. Remember, home rule gives the felon in the White House, and Congress, enormous power over us. Congress gets to review all our legislation, and our budgets, before they become law. The president controls the D.C. National Guard, and the federal agencies that in many cases get involved, and impact the work of our city. That includes housing, parks, the MPD, and others. There is only one person on the ballot who fully understands that, and has shown, by word and action, they know how to deal with him in the way that will benefit all the people in our city. That person is Kenyan McDuffie. I urge your #1 vote for him. If you have decided to vote for one of the other candidates, I would hope you would list him on your ballot as #2.
Then for Democratic Council-at-large I urge you to consider a #1 vote for Kevin Chavous. Then Brian Schwalb for Attorney General, Phil Mendelson for Council Chair, and Brooke Pinto for delegate to Congress. For Ward 5 Council I recommend Zachary Parker. For Democratic Party slots, I urge a vote for all those running on the Democrats United for a Free D.C. slate.
Then for the Independent Council-at-Large seat I urge a vote for Jacque Patterson or if you vote for Doni Crawford, rank Jacque #2.
Again, the results of this election will determine the future of the District of Columbia. It is the most important election here in years. I urge everyone who can vote in the primary to do so. Your vote can make a difference to you, and all your neighbors.
Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.
German group slams White House’s LGBTQ rights record ahead of World Cup
Gay 1920s-era Hollywood star to be honored in Staunton, Va.
Why I’m supporting Gary Goodweather for D.C. mayor
Don’t just vote for change — vote for Hope Solomon for mayor
Vote Kenyan McDuffie for D.C. mayor
PHOTOS: ‘Soul Divas’
‘Mighty Real’ explores history of LGBTQ music
D.C.’s housing reality: Cautious optimism meets landlord strain
Hundreds of thousands expected to attend D.C. Pride events
