If fetuses have legal personhood, abortion-rights activists argue it would infringe the rights of pregnant women and have serious implications for medical procedures like in vitro fertilization and the treatment of ectopic pregnancies and miscarriages. For all practical matters, the Florida Constitution is silent on the issue of fetal personhood, despite Chief Justice Muniz’s suggestion that fetal personhood rights might already exist.
14th Amendment
Federal Judge Ends Challenges to Florida’s Election Law Targeting Black Voters
Chief U.S. District Judge Mark Walker issued a 17-page order after the 11th U.S. Circuit Court of Appeals last year overturned a ruling in which he found the law improperly discriminated against Black voters. Walker appeared to criticize the appeals court for “reweighing” facts in the case.
Some Florida Justices Skeptical About State’s Attempt to Keep Abortion Rights Amendment Off the Ballot
Some justices questioned how far the court can go to prevent initiatives from being placed on the ballot as they heard arguments about whether a proposal to ensure abortion rights in the state should be placed on th November ballot. “People in Florida aren’t stupid. I mean, they can figure this out,” Chief Justice Carlos Muniz said.
Florida’s Open Season on Civil Liberties
Florida lawmakers don’t care about the insurance crisis; they don’t care about runaway rents; they don’t care about hungry children or sick women or the climate crisis or pollution or the teacher shortage or anything that you and I and anyone else with two brain cells to rub together would identify as pressing problems here in the increasingly dysfunctional State of Florida. What they care about is ending your liberties. Here’s a list.
Threatening Charges, Florida Forbids Trans’ Preferred Gender Identity on Driver’s Licenses
Transgender people can no longer obtain a driver’s license that reflects their gender identity under a new policy that treats “misrepresenting one’s gender, understood as sex, on a driver license” as fraud punishable by civil and criminal penalties plus cancellation, suspension, or revocation of the license.
This Hyper Talk of a Border ‘Invasion’ Is an Old American Playbook
With persecution, poverty, and climate change driving large numbers of migrants to the southern border, some in politics and the media are again pushing the panic button and purposely but inaccurately using words like “invasion” to describe problems at the border.
Defense Calls Out Sharp Inaccuracies in Arrest Account of Migrant Facing Manslaughter Charge in Death of Deputy
The defense lawyer for Virgilio Aguilar Mendez, the 18-year-old migrant held for over eight months on an aggravated manslaughter of an officer charge in the death of a St. Johns County deputy, is calling his arrest “legally insufficient,” describing his arrest report as a series of misrepresentations and misapplications of the law, and citing the medical examiner’s report to conclude that the death of the deputy was unrelated to the arrest.
Stop the LGBTQ Cheap Shots
There are some feel-good bills and cheap shots that require no courage to vote for and bring the political bonus of being difficult for an opponent to argue against this summer, when most legislators will be back home running for re-election. And no topic makes for easier demagoguery than sex, specifically any activity that makes strait-laced Republicans a little squeamish.
70 Years After Brown vs. Board of Education, Deep Segregation Persists
In June 2023, the Supreme Court ended most race-conscious college admissions efforts. The decision followed the Covid pandemic, which exacerbated racial inequalities in the U.S.. Politicians and school boards have banned or removed books by authors of color from school libraries and restricted teaching about racism in U.S. history. These setbacks amid the current political climate make finally realizing the full promise of Brown more urgent.
The Check MLK Wanted Cashed for the ‘Riches of Freedom and the Security of Justice’ Is Still Bouncing
The African American community is experiencing record low unemployment, record highs in income and educational attainment, and has seen a massive decline in income poverty since the 1960s. Despite all that, the check for racial economic equality is still bouncing. Without intervention, it will take centuries for Black wealth to catch up with white wealth in this country.
GOP Measure Would Forbid Government Agencies from Using Individuals’ Preferred Pronouns
Mirroring a House bill filed in November, a Senate Republican on Thursday proposed a measure that would place restrictions on government agencies in the use of personal pronouns.
An Interview with Acclaimed Civil Rights Attorney and Equal Justice Initiative Founder Bryan Stevenson
Bryan Stevenson is the founder of the Equal Justice Initiative, a legal clinic in Montgomery, Ala., that’s made strides on prisoners’ behalf, and the National Memorial for Peace and Justice, a six-acre remembrance space highlighting the racial terrorism campaign that saw the lynching of over 6,500 victims, including women and children. In a wide-ranging interview, he reflects on the state of race in America and how honest accounts of history can help overcome resistance to progress.
With 3,500 Petitions from Flagler Voters, Abortion-Right Ballot Measure Meets Signature Requirements
Some 910,946 valid signatures have been tallied for a constitutional amendment proposal that would protect the right to an abortion in Florida until the viability of a fetus. That topped a requirement of submitting 891,523 signatures to qualify for the ballot. Flagler County alone submitted 4,800 petitions, 3,543 of them valid.
From Abortion to Disney, Guns, Pot, Trans and Social Media Law: 10 Florida Court Cases to Watch in 2024
High-profile Florida cases in state and federal courts in 2024 include a challenge to the 15-week abortion ban, Disney’s claim that the DeSantis administration illegally retaliated against it, a challenge to the state’s age-restriction on buying long guns, whether the wording of a constitutional amendment legalizing recreational pot can head for the ballot, and several more.
Judge Mulls Trial Competency of Migrant Facing Manslaughter Charge in Sudden Death of Deputy After Arrest
Declaring it a “complex situation,” Circuit Court Judge R. Lee Smith at the end of a three-hour hearing today said he needed time to think before issuing a decision on whether Vergilio Aguilar Mendez, the 18-year-old migrant controversially charged with manslaughter in the death of a St. Johns County deputy Michael Kunovich last May, is competent to stand trial. Kunovich died several minutes after Mendez was arrested for resisting arrest after a stop-and-frisk encounter in St. Augustine.
A Constitutional Scholar Explains Colorado Court’s Trump Ballot Ban
Taken as a whole, the structure of Section 3 of the 14th Amendment leads to the conclusion that Donald Trump is one of those past or present government officials who by violating his oath of allegiance to the constitutional rules has forfeited his right to present and future office.
Florida Court Rules Child Is Mature Enough to Be a Mother, But Not to Have an Abortion
A state appeals court Friday upheld a Calhoun County circuit judge’s ruling that blocked a minor from having an abortion without notification and consent of a parent or guardian. The decision’s implicit reasoning is that the child is nevertheless mature enough to carry the baby to term.
How DeSantis and GOP Are Undermining Abortion-Right Ballot Initiatives Before the Vote
As abortion-rights initiative pick up victories in referendums, Republicans across the nation, exemplified by Florida’s Ron DeSantis, want to change the terms of the debate by injecting it with misinformation or overriding the referendum process.
A Poisoned Tree Grows in St. Augustine
An 18-year-old migrant faces an aggravated manslaughter charge for the death by heart attack of the sheriff’s deputy who arrested him on a resisting charge, while the migrant was on a sidewalk eating dinner and speaking to his mother by phone at his motel in St. Augustine. The death of the deputy was a tragedy. The charge against the migrant compounds it with a miscarriage of justice in the making.
The Deeply Rooted Biases Biases Behind Transgender Athlete Bans
In 2023, 24 states had laws or regulations in place prohibiting transgender students from participating on public school athletic teams consistent with their gender identity. These bans mean that a person whose sex assigned at birth was male but who identifies as a girl or woman cannot play on a girls or women’s athletic team at a public school in that state. State-level politics and public biases against transgender people are largely to blame.
Florida Appeals Court Upholds Disenfranchising Black Voters in North Florida, a Victory for DeSantis
A state appeals court has rejected a legal attempt to save a Black-opportunity congressional district in North Florida, relying on legal reasoning never raised by the parties to the case: That the district originally was devised to benefit Democrats, not Blacks specifically.
Proposed Florida Law Would Ban Local Governments and Contractors from Recognizing Preferred Pronouns
A legislative proposal to bar state and local governments and contractors or nonprofits drawing state money from recognizing employees’ preferred gender pronouns if they differ from their biological sex has drawn criticism from LGBTQ+ Democrats as “a disturbing escalation of right-wing extremism in Florida.”
Eight Florida Cities Get Perfect Scores in LGBTQ+ Equality Report
Despite enduring a year that advocates have derided as the “most anti-LGBTQ legislative session in history,” a nationwide report gives eight Florida cities perfect 100% scores when it comes to assessing LGBTQ+ equality in the areas of municipal policies, laws, and services. Getting maximum scores of 100 in Florida are: Tampa, Wilton Manors, Fort Lauderdale, Hollywood, Miami, Oakland Park, Orlando, and St. Petersburg.
Sheriff Chitwood’s Dangerous, Irresponsible Attacks on News-Journal’s Frank Fernandez
Volusia County Sheriff Mike Chitwood’s repeated, vilifying and unjustified attacks on News-Journal reporter Frank Fernandez irresponsibly and dangerously inflame his social media base at a time when reporters’ safety is nothing to take lightly–the more so when a law enforcement chief who should know better is stoking the flames. Volusia County media should respond in concert.
Judge Exonerates ‘Christian’ Teacher Who Refused to Refer to Trans Student by His Preferred Pronouns
An administrative law judge Monday backed a Miami-Dade County teacher who reportedly told a transgender student that, “I’m a Christian, and my God made no mistakes” while refusing to call the student by preferred pronouns.
Florida’s Policing of Public Restroom Gender Draws Federal Lawsuit from Trans and Nonbinary Group
A group of transgender and nonbinary people on Friday filed a federal lawsuit challenging a new Florida law requiring people to use public restrooms that align with their sex assigned at birth, asking a judge to block enforcement before an upcoming march in Orlando.
A Uncomfortable Supreme Court Hears Abortion-Ban Case, with Privacy Protections on the Ropes
Five of the seven justices are appointees of the anti-abortion Gov. Ron DeSantis. A sixth, Charles Canady, is married to the legislator who co-sponsored the six-week ban on abortion. He did not recuse himself. If the court upholds a 15-week abortion ban, it would also mean that a six-week ban–more recently passed by the Legislature–would take effect 30 days after the ruling.
‘Fairness and Diversity’ Training for Judges? Florida Supreme Court Rules It Unnecessary.
The Florida Supreme Court on Thursday kept in place a decision to delete part of a rule that allowed judges to take courses in “fairness and diversity” to meet continuing-education requirements. In a 5-1 order, the court said it had considered comments and determined that “no further amendments to the rule are warranted at this time.”
With K-12 Health Standards Mum on Abortion, Younger Floridians Seek More Influence Ahead of Court Case
The Florida Supreme Court will hear oral arguments on Sept. 8 on the abortion issues and could reverse the course the court set more than 30 years ago. Some young Floridians are turning to the future of reproductive freedom in Florida, as through Floridians Protecting Freedom, the group that launched a pro-abortion initiative to add a constitutional referendum on reproductive freedom to the November 2024 ballot.
Judge Rules Unconstitutional DeSantis Plan That Eliminated Black Representation
Circuit Judge J. Lee Marsh ruled that a congressional redistricting plan pushed through the Legislature by Gov. Ron DeSantis violated the Florida Constitution and needs to be redrawn. The judge sided with voting-rights groups in a lawsuit focused on a North Florida district that in the past elected Black Democrat Al Lawson but was dramatically revamped during the 2022 redistricting process. White Republicans won all North Florida congressional districts in the November elections.
Federal Judge Refuses to Block Florida Law Targeting Adult Transgender Care, But Individuals May Sue
A federal judge on Friday refused to block a new Florida law making it more difficult for transgender adults to access hormone therapy and surgeries. But U.S. District Judge Robert Hinkle said he could issue a narrowly tailored injunction to ensure care for individual plaintiffs if they provide detailed medical records.
White Supremacist Murders 3 Black People at Dollar General in Jacksonville, Before Shooting Himself
Sheriff T.K. Waters said two males and one female — all Black — were killed in the shootings, and the shooter killed himself. He had been armed with an AR-15 style rifle and a handgun, with the rifle showing several swastikas. At the time of the news conference, the shooter’s name had not yet been identified, but Sheriff Waters said the man had authored manifestos that were provided to his parents, the media, and federal agents. The sheriff referenced the “disgusting ideology of hate.”
Flagler Schools Have a ‘Subgroup’ Problem. It’s Not Blacks. It’s Not Even Students.
It is now so routine to reduce individual students to cogs among subgroups enslaved to the expectations of standardized testing that our educators have lost sight of their purpose. The state’s transformation of education into a dehumanizing machinery is to blame. So is the Flagler County School Board’s emphasis on running the district as a business, and now branding its superintendent a “CEO.” The individuality and dignity of students is lost to a damaging bottom-line mentality.
Ohio’s Message to Florida: There’s Still Hope for Democracy
Terrified that an amendment giving women — not Gilead Republicans — control over their reproductive health would pass in November, Ohio’s right-wingers figured they’d change the rules in the middle of the game. But on Aug. 8, voters in this allegedly red state rejected a Republican-backed measure to make it harder for citizens to amend their constitution.
Forced-Birth Reactionaries Fail to Rig the Game in Ohio
In a red Ohio referendum this week, forced-birth reactionaries got blown out by a whopping margin of 430,000 votes. No word yet on whether Roe v. Wade killer Donald Trump has aspirationally asked Republican election officials to find 430,001 votes.
Unsupportive Families and Conversion Therapy Drive Trans Youth to Suicide
Supportive family environments and hormone replacement therapy that affirms a transgender child’s gender identity decrease their risk of suicide or running away from home, whereas unsupportive family environments and conversion therapy that denies their gender identity increase these risks.
The Republican Brand Returns to White Supremacy
Alabama Sen. Tommy Tuberville is another example of how the Republican brand is no longer bigger business and smaller government. It’s white supremacy. Their platform? White supremacy. Their political and social goals? White supremacy.
Florida’s Magical Negro History Standards
We now have the Magical Negro elevated to an entire curriculum. It’s Florida’s African American History standards. The standards are an excellent illustration of what American history looks like through white eyes, and how whites are the best thing that ever happened to Black people, who apparently should worship the Middle Passage down the chains of their ancestry.
State Approves Florida’s New Version of Black History Standards as Teachers Blister Half-Truths and Errors
Students at Florida public schools will now learn that Black people benefitted from slavery because it taught them skills. This change is part of the African American history standards the State Board of Education approved at a Wednesday meeting.
End Legacy Admissions
Who will benefit from the Supreme Court’s recent ruling striking down race as a factor in college admissions? Mostly, just wealthy white people. That’s because the ruling refused to touch so-called “legacy admissions.” Colleges are free to continue giving preferential treatment to the children of alumni, donors, and other well-connected, privileged people.
Privacy Right v. Abortion Ban at Heart of Florida Supreme Court Case Set for September
The court issued an order scheduling a hearing in a challenge to a 2022 law that prevented abortions after 15 weeks of pregnancy. The outcome of the case also will affect a law passed this year that would bar abortions after six weeks of pregnancy — and could determine whether a privacy clause in the Florida Constitution will protect abortion rights.
Families Flee Florida and Other States Thwarting Transgender Care
Missouri, Florida, and Texas are among at least 20 states that have limited components of gender-affirming health care for trans youth. Those three states are also among the states that prevent Medicaid — the public health insurance for people with low incomes — from paying for key aspects of such care for patients of all ages.
Citing Florida’s ‘Latest Assault on the Right to Vote,’ Judge Blocks Parts of Election Law
Chief U.S. District Judge Mark Walker, in a 58-page decision, issued a preliminary injunction against parts of the law that would prevent non-U.S. citizens from “collecting or handling” voter-registration applications and make it a felony for voter-registration group workers to keep personal information of voters.
Shocking Disparities in Flagler’s Handling of 3 Different Assaults by Disabled Students Against School Staff
Violent assaults against school staff involving profoundly disabled students, never before reported in detail until today–and not caught on surveillance video–point to startling if not shocking disparities in how cases may be handled, compared to that of Brendan Depa at Matanzas High School, depending on the attention they garner.
Un-Achieving Brown v. Board of Education
It took 69 years, but today the U.S. Supreme Court took its revenge on Brown v. Board of Education, the landmark case that cracked the door a smidge to desegregating schools. It did so in a vengeful, cynical decision re-inventing color-blindness in an America where only whites wear the blinders.
School Vouchers, Teaching Muzzles, Diversity Bans, Looser Guns: 200 New Laws Take Effect Saturday
More than 200 laws passed during the 2023 legislative session, including a record $116.5 billion budget, will take effect Saturday, including a massive expansion of public money available for private schooling, permitless gun-carrying, and more restrictions or bans on what teachers may say or teach.
The American Way of Woke
What is truly perverse today are those who actively seek to infringe upon the liberties of others while masquerading as defenders of liberty, argues Brad West. We are not perfect, and will always be a work in progress, even in wokeness. But we get better because of those who have been, and are, woke.
In Surprise Victory for Voting Rights, Supreme Court Rejects Redistricting Map Diluting Black Vote
By a vote of 5-4, the justices issued a major voting rights decision, ruling that Alabama’s new congressional map likely violates the Voting Rights Act. Even more significantly, the court declined an invitation to adopt an interpretation of the act that would have made it much more difficult to challenge redistricting plans.
Take Pride
This Pride Month, there’s not much to be proud of in people who to this day would rather burn than raise the Pride Flag. It’s about time it replaced all those MIA flags in school yards and at courthouses. LGBTQ victims, unlike the mythical missing, are real, and they’re piling up.
Voters Approved an Amendment For Racial Equity in Districts. DeSantis Wants It Ignored.
A lawsuit filed by voting-rights groups focuses a Jacksonville-area district that helped elect Black Democrat Al Lawson until a DeSantis plan redrew it and installed two white Republicans instead. Now DeSantis is asking a court to ignore a 2010 constitutional amendment requiring “Fair Districts.”