Florida
LGBTQ lawmakers, advocates vow to resist repressive legislation in Fla.
Hundreds descended upon Tallahassee on Tuesday
BY MICHAEL MOLINE | Several hundred LGBTQ rights advocates gathered in the Florida Capitol Tuesday to denounce fresh attacks on their rights and urge passage of legislation that would repeal existing restrictions on their rights.
Legislative Democrats joined the crowd on Tuesday, including gay Sen. Shevrin Jones, of Miami-Dade County, and House member Michele Rayner, representing parts of Pinellas and Hillsborough, along with representatives of Equality Florida, which organized the affair. The crowd was good-naturedly rowdy despite the threat they saw to their wellbeing.
āI will not be scared out of the state. You will not make laws to remove me or my dreams. I was raised on an America that believed that freedom will ring,ā said Angelique Godwin, coordinator for trans-related events at Equality Florida.
āWe are not pawns in a political game; we are people with the right to dignity, equality, and a life free from constant slander and discrimination,ā Godwin added later in a written statement.
The speakers referred to House Bill 599 and Senate Bill 1382, which would bar state and local governments and contractors or nonprofits drawing state money from recognizing employeesā preferred gender pronouns if they differ from their biological sex.
Additionally, employers could act against employees or contractors based on the ādeeply held religious or biology-based beliefs, including a belief in traditional or Biblical views of sexuality and marriage, or the employeeās or contractorās disagreement with gender ideology.ā
Equality Florida Senior Political Director Joe Saunders, a former state House member, called it the āDonāt Say Gay or Trans at Workā bill.
āTrans erasureā
House Bill 1233 and Senate Bill 1639 would require the state to treat people according to their biological sex instead of their gender identity, including on their driversā licenses. Any health insurer that pays for gender reassignment treatments would have to cover ādetransitioningā treatments, intended to reverse the process. Additionally, insurers would have to offer policies lacking transition care and to cover treatment of gender dysphoria as a mental rather than physical health problem.
ā[D]istinctions between the sexes with respect to athletics, prisons or other detention facilities, domestic violence shelters, rape crisis centers, locker rooms, restrooms and other areas where biology, safety or privacy are implicated which result in separate accommodations are substantially related to the important state interest of protecting the health, safety and privacy of individuals in such circumstances,ā the measure says.
Also, the state and its subdivisions would have to count transgender people for statistical purposes according to their biological sex.
Saunders referred to that one as the ātrans erasureā bill.
āThese bills are fuel for a sinister belief that transgender people donāt exist and that government should be weaponized to exclude them from public life,ā he said.
By contrast, LGBTQ-friendly legislators are pressing the Health Care Freedom Act (Senate Bill 1404) essentially repealing Floridaās and trans care restrictions) and the Freedom to Learn Act (Senate Bill 1414) repealing restrictions on classroom instruction about race, color, national origin, or sex and forbidding schools from requiring employees to notify parents of studentās LGBTQ status āif a reasonably prudent person would believe that disclosure would result in harm to the student.ā
āWe are fed up with government intrusion into our private lives,ā Saunders said.
āRead the numbersā
Participants mocked Gov. Ron DeSantisāĀ second place showingĀ in the Iowa Republican caucus, with former President Donald Trump leading 51.1 percent of the vote, nearly 30 percentage points ahead of DeSantis.
āRead the numbers from yesterday,ā Jones, of Miami-Dade County, told the governor. āYour policies donāt work; America donāt like them and Florida donāt like them, either.ā
āBanning books does not ban LGBTQ youth or adults and it will not eliminate them. Restricting access to Black, queer, and other diverse media does nothing, nothing, to actually protect our children. It actually harms them. A child should not have to feel fear from their parents because of who they are,ā said Duval County Democratic Sen. Tracie Davis.
Republicans are scapegoating LGBTQ people and other minorities to distract from their inability to solve problems including high insurance and housing costs, Equality Florida executive director Nadine Smith said.
Smith compared the climate now to the 1970s, when Anita Bryant led her anti-LGBTQ campaign, and earlier, when the legislative Johns Committee rooted out reds and LGBTQ people from the public universities. Then as now, LGBTQ advocates were seen as āgroomingā children for sexual abuse.
Smith urged moderate Republicans to see the light. āHistory will remember what you do this session,ā she said.
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Michael Moline has covered politics and the legal system for more than 30 years. He is a former managing editor of the San Francisco Daily Journal and former assistant managing editor of The National Law Journal.
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The preceding article was previously published by the Florida Phoenix and is republished with permission.
The Phoenix is a nonprofit news site thatās free of advertising and free to readers. We cover state government and politics with a staff of five journalists located at the Florida Press Center in downtown Tallahassee.
Florida
Homeless transgender woman murdered in Miami Beach
Andrea Doria Dos Passos attacked while she slept
Gregory Fitzgerald Gibert, 53, who was out on probation, is charged with the second-degree murder of 37-year-old Andrea Doria Dos Passos, a transgender Latina woman who was found deceased in front of the Miami Ballet company facility by a security guard this past week.
According to a Miami Beach Police spokesperson the security guard thought Dos Passos was sleeping in the entranceway around 6:45 a.m. on April 23 and when he went to wake her he discovered the blood and her injuries and alerted 911.
She was deceased from massive trauma to her face and head. According to Miami Beach police when video surveillance footage was reviewed, it showed Dos Passos lying down in the entranceway apparently asleep. WFOR reported: In the early morning hours, a man arrived, looked around, and spotted her. Police said the man was dressed in a black shirt, red shorts, and red shoes.
At one point, he walked away, picked up a metal pipe from the ground, and then returned. After looking around, he sat on a bench near Dos Passos. After a while, he got up and repeatedly hit her in the head and face while she was sleeping, according to police.
āThe male is then seen standing over her, striking her, and then manipulating her body. The male then walks away and places the pipe inside a nearby trash can (the pipe was found and recovered in the same trash can),ā according to the arrest report.
Police noted that in addition to trauma on her face and head, two wooden sticks were lodged in her nostrils and there was a puncture wound in her chest.
Victor Van Gilst, Dos Passosās stepfather confirmed she was transĀ and experiencing homelessness.Ā
āShe had no chance to defend herself whatsoever. I donāt know if this was a hate crime since she was transgender or if she had some sort of interaction with this person because he might have been homeless as well. The detective could not say if she was attacked because she was transgender,ā said Van Gilst.
āShe has been struggling with mental health issues for a long time, going back to when she was in her early 20s. We did everything we could to help her. My wife is devastated. For her, this is like a nightmare that turned into reality. Andrea moved around a lot and even lived in California for a while. She was sadly homeless. I feel the system let her down. She was a good person,ā he added.
The Miami Police Department arrested Gibert, collected his clothing, noting the red shorts were the same type in the video and had blood on them. Blood was also found on his shoes, according to police. He was taken into custody and charged.
āThe suspect has an extensive criminal record and reportedly was recently released from custody on probation for prior criminal charges. Police apprehended the suspect in the city of Miami and the investigation is currently ongoing. This case is further evidence that individuals need to be held accountable for prior violent crimes for the protection of the public. We offer our sincere condolences to the family and friends of the victim,ā Miami Beach Mayor Steve Meiner said in a statement.
Joe Saunders, senior political director with LGBTQ rights group Equality Florida, told the Miami Herald that āwhenever a transgender person is murdered, especially when it is with such brutality, the question should be asked about whether or not this was a hate-motivated crime.ā
Florida
Professor at Baptist university in Virginia found dead in Florida gay saunaĀ
Orlando police say cause of death undetermined
A beloved professor of psychology at Averett University, a private Baptist university in Danville, Va., was found dead on March 16 of unknown causes at the Club Orlando, a popular sauna and bathhouse for gay men located in Orlando, Fla.
University officials said David Hanbury, 37, an Associate Professor of Psychology who taught at the university since 2015, was in Orlando attending a conference of the Southern Psychological Association and had initially been reported missing by family members before he was found deceased.
Orlando police told USA Today the cause of death had not been determined but the death ādoes not appear suspicious at this time.ā USA Today reports that police said their investigation into the death was āactive and ongoing.ā
A spokesperson for the Orange County, Fla., Medical Examiner told the Washington Blade it would take about 90 days for the completion of blood work and toxicology tests to confirm the cause of death in a case like this, where there were no obvious signs of injury or illness.
Cassie W. Jones, Associate Vice President of University Marketing and Communications at Averett University, declined to disclose whether Hanbury self-identified as gay in response to an inquiry from the Blade
āAs an employer, we cannot comment on our employeesā personal matters,ā Jones said. But when asked if the university would have continued to treat Hanbury with respect and support his tenure at the university if he had come out as gay, she said āabsolutelyā in an email response to Blade questions.
āDr. David Hanbury was a dear professor, colleague and friend whose influence was far reaching,ā Jones said in a March 21 message to the Blade, āWe send our affection, condolences, and prayers of support to Dr. Hanburyās family, friends and all others upon whom he had a lasting impact.ā
The Averett University website shows that it has a policy of nondiscrimination that includes the categories of sexual orientation and gender identity among other categories such as race, religion, and ethnicity. The website also shows that the university has an LGBTQ student group called the Gender and Sexuality Alliance or GSA group.
Jones said the admiration and longstanding support of Hanbury from his fellow professors and students was reflected in a March 18 memorial gathering for him on campus.
āNearly 250 students, faculty, staff, and community members joined as one Averett family, united in grief and sorrow, as we gave thanks for the remarkable life and influence of Dr. Hanbury on our lives and on the University,ā Jones said.
āAverett University is committed to inclusion and belonging for all who learn, work and visit our campus,ā Jone told the Blade. āOpenness and inclusivity are embedded in our institutionās core values, and we know our diversity makes us stronger.ā
The Baptist Standard, an independent newspaper that reports on the Baptist Church, reported in a May 9, 2011, story that the Baptist General Association of Virginia severed ties with Averett University in 2005 over a disagreement with the universityās position on homosexuality. Other news reports at the time said the Baptist organization objected to the universityās support for a gay student group.
Jones, in her message to the Blade, said Averett University currently āis a part of the Baptist General Association of Virginia family of educational partners.ā She added, āWe are aligned in our commitment to meet students wherever they are in their faith journey, and welcome those of all faiths or no faith.ā
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
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