A federal judge has dismissed a second lawsuit challenging Florida’s “Parental Rights in Education” law, also dubbed the “Don’t Say Gay” law for its restrictions on speech related to LGBTQ issues.
U.S. District Judge Wendy Berger, of the Middle District of Florida, a Trump appointee, dismissed a lawsuit brought by LGBTQ students, parents and their families, along with several civil rights groups, refusing to grant a preliminary injunction to block the law from being enforced. However, Berger did give the plaintiffs until Nov. 3 to file an amended lawsuit, reports The Associated Press.
The lawsuit, which names four different school boards as defendants, claims that the law infringes on LGBTQ students’ right to free speech and free expression, as guaranteed by the First Amendment to the U.S. Constitution, and deprives them of their rights to due process and equal protection under the Fourteenth Amendment.
The plaintiffs include a same-sex couple and their two children, an opposite-sex couple and their four children, one of whom is nonbinary, and Will Larkins, an gay and nonbinary rising senior at Winter Park High School in Orange County, Florida, who was “investigated” and forcibly moved to another history class after giving a presentation in history class about the Stonewall Uprising.
But Berger claimed that the plaintiffs failed to show how the law — which bans lessons on sexual orientation and gender identity in grades K-3 and requires LGBTQ-related content to be “age-appropriate” in older grades — suppresses their free speech rights.
“Plaintiffs have not directed this Court to any fact that would lead a reasonable person to believe that the law prohibits students from discussing their families and vacations at school or even on a school assignment, or that it would prohibit a parent from attending a school function in a ‘Pride’ T-shirt or generally discussing their family structure in front of other people,” Berger wrote in her decision.
Addressing concerns expressed by the parents of a nonbinary middle school student that Florida’s newly enacted law would condone and encourage more bullying, Berger feigned sympathy, but added that “it is simply a fact of life that many middle school students will face the criticism and harsh judgment of their peers.”
“Indeed, middle school children bully and belittle their classmates for a whole host of reasons, all of which are unacceptable, and many of which have nothing to do with a classmate’s gender identity,” she continued.
Lawyers for the plaintiffs called Berger’s decision “wrong” and vowed not to stop fighting the law.
“The students and families at the heart of this case have experienced more bullying in the months since the law went into effect than ever before in their lives, but the court dismissed their experiences of bullying as ‘a fact of life,'” Kell Olson, a staff attorney for the LGBTQ legal advocacy group Lambda Legal, said in a statement. “The court’s decision defies decades of precedent establishing schools’ constitutional obligations to protect student speech, and to protect students from targeted bullying and harassment based on who they are.”
Last month, a Trump-appointed judge for the Northern District of Florida dismissed a similar challenge to the law, questioning their legal standing, and whether the plaintiffs had or would suffer injury under the law.
A report released in August by the Human Rights Campaign, the nation’s largest LGBTQ advocacy organization, in conjunction with the Center for Countering Digital Hate, said that hateful references to gays, lesbians, and other LGBTQ people — including the now-infamous “groomer” narrative pushed by conservatives, including Florida Republican Gov. Ron DeSantis’s official spokeswoman — surged online after lawmakers passed the “Don’t Say Gay” bill. On Facebook and Instagram, 59 paid ads promoted the same anti-LGBTQ narrative, despite policies that allegedly prohibit hateful content on both platforms.
A Florida man has been charged with second-degree murder more than a month after fatally shooting a gay man whom he had allegedly previously harassed
Gerald Declan Radford, 65, shot 52-year-old John Walter "Walt" Lay on February 2 at the West Dog Park in Tampa, Florida, according to the Hillsborough County Sheriff's Office.
Radford called 9-1-1 and told dispatchers that he had been in a "scuffle" with Lay when he pulled out his gun and shot him.
Initially, Radford had claimed self-defense, invoking Florida's "Stand Your Ground" law, under which a person is allowed to use deadly force if they reasonably believe doing so will prevent their imminent death or bodily harm. He claimed to have shot Lay following a "scuffle" at the dog park.
Under a newly proposed Florida bill, people who make objections to more than five books or instructional materials for schools where their children are not enrolled may be charged for each objection.
The provision is included in a broader "deregulation" bill governing school operations, imposing a fee on individuals who frequently challenge books to compensate for the time, money, and effort typically spent on reviewing book challenges. It would also deter individuals from filing false complaints based on their personal tastes.
Currently, under Florida's "Don't Say Gay" law, individuals who live in any of the state's 67 counties -- regardless of whether they have children enrolled in school -- may file an objection and demand the removal of books from schools or library shelves that they believe are "sexually explicit," objectionable, or age-inappropriate for minors.
A group of students, parents, and teachers in Florida have reached a settlement with state educational authorities that clarifies several provisions in the state's infamous "Don't Say Gay" law.
The "Don't Say Gay" law, officially dubbed the "Parental Rights in Education" law, sought to limit students' exposure to LGBTQ issues and identities under the guise of keeping parents informed and giving them outsized influence over what subjects are broached in the classroom.
Soon after its passage, proponents of the law quickly dubbed opponents "groomers," claiming they wanted to indoctrinate children into adopting values or embracing ideas that run counter to their parents' morals or beliefs or expose them to age-inappropriate subjects. Republican lawmakers soon expanded the law's restrictions on K-3 classrooms to apply to all K-12 classrooms in the state.
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