For the second time in less than five months, a federal judge has rejected a lawsuit seeking to block a controversial Florida law that restricts classroom instruction on gender identity and sexual orientation.
U.S. District Judge Allen Winsor on Wednesday issued a 21-page decision dismissing a revised lawsuit filed by students, parents and teachers, who argued the law is unconstitutional. Winsor ruled that the plaintiffs had not “alleged sufficient facts” to show they had legal standing to challenge the law.
“Plaintiffs have shown a strident disagreement with the new law, and they have alleged facts to show its very existence causes them deep hurt and disappointment,” Winsor wrote. “But to invoke a federal court’s jurisdiction, they must allege more. Their failure to do so requires dismissal.”
Winsor on Sept. 29 dismissed an earlier version of the case on similar grounds but left open the possibility that the plaintiffs’ attorneys could re-file the lawsuit. The revised version, filed in October, argued that the plaintiffs have suffered “concrete harms” from the 2022 law (HB 1557).
“They have been denied equal educational opportunities they would like to receive, in the curriculum and beyond, and they have been subjected to a discriminatory educational environment that treats LGBTQ people and issues as something to be shunned and avoided, on pain of discipline and liability,” the revised lawsuit said. “This type of overtly discriminatory treatment has no place in a free democratic society and should not be permitted to stand.”
The law, which spurred fierce debate in the Legislature and has drawn national attention, prevents instruction on gender identity and sexual orientation in kindergarten through third grade and requires that such instruction be “age-appropriate … in accordance with state academic standards” in older grades.
Republican lawmakers titled the measure the “Parental Rights in Education” bill. Opponents labeled it the “Don’t Say Gay” bill.
The revised lawsuit alleged that the measure violated constitutional due-process, equal-protection and First Amendment rights, along with a federal law known as Title IX, which bars sex-based discrimination in education programs.
Plaintiffs in the revised case were two students in Miami-Dade County and Manatee County schools, two lesbian couples with children in Miami-Dade County schools, a woman with children in Orange County schools and two teachers in Broward County and Pasco County schools. The defendants were the State Board of Education, the Florida Department of Education and the school boards in Broward, Manatee, Miami-Dade, Orange and Pasco counties.
In an attempt to show standing, the revised version sought to link the law with harm.
As examples, it cited a decision by the Miami-Dade County School Board to reject a resolution designating October as LGBTQ History Month; said one of the student plaintiffs, identified by the initials M.A., could not find a teacher willing to sponsor the Gay-Straight Alliance at a Manatee County school; and said Broward County schools removed LGBTQ-related books after receiving complaints from the conservative group Moms for Liberty.
But in Wednesday’s ruling, Winsor said such arguments were insufficient.
For instance, he wrote that the Miami-Dade School Board’s decision to reject the resolution about LGBTQ History Month “does not create a particularized injury; it shows at most a generalized grievance shared by all who would have preferred the opposite outcome.”
“Regardless, there is a redressability problem because there are insufficient facts to show a nonspeculative likelihood that the school board would adopt such a resolution if the court enjoined it from enforcing the challenged law,” wrote Winsor, who was appointed to the federal bench by former President Donald Trump after serving as a state appellate judge.
Meanwhile, addressing the lack of a sponsor for the Gay-Straight Alliance at the Manatee County school, he wrote that the plaintiffs have “an obvious traceability problem: the law plainly does not preclude a teacher’s service as an extracurricular club advisor.”
“Redressability is a problem too. Plaintiffs have not alleged facts to show it likely that an injunction against the Manatee County School Board (or any other defendant) would yield a willing sponsor,” he wrote.
The law also has drawn a separate constitutional challenge in federal court in Orlando. U.S. District Judge Wendy Berger on Oct. 20 dismissed that case but, like Winsor, gave the plaintiffs an opportunity to file a revised version. The revised lawsuit remains pending.
–Jim Saunders, News Service of Florida
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NativeGirl says
I’m completely aware that my opinion probably isn’t the popular opinion at the moment but I’m going to say it anyway. I am so sick of the individuals that are trying to drill sexuality into our young children’s brains!! There was a time when we taught our young children to read and write. We taught them to recite the Pledge of Allegiance and the history of our Flag. We taught them the words and history of our National Anthem. We taught them how to properly interact with classmates using their manners and how to respect their elders. We taught them respect for themselves and respect for everyone around them. We taught them Stranger Danger. Sex Ed wasn’t taught to kids until well into their later Middle School/early Jr High years. Ya know, about the time that they were close to going through puberty, which in my humble opinion, is the appropriate age to teach them. Not to mention that they were taught scientific facts. If we start normalizing this ridiculous behavior of allowing whoever these “teachers” are to talk to our young children about sex, how on Earth will they ever know right from wrong. How on Earth are these young children supposed to separate sexual abuse from normal familial or friend relationships?! Yes, I used the term Teachers loosely because I know for a fact that there are plenty of teachers that whole heartedly disagree with teaching certain sexual curriculums to young children. This whole situation has absolutely nothing to do with sexual preference. Just stop it with the “don’t say gay”. People who feel and/or believe the same way that I do, wouldn’t approve of a heterosexual conveying a sexual agenda to our young children . In fact, don’t they call that grooming? It has Zero to do with being gay. It has everything to do with a moral society collapsing around us.
DMFinFlorida says
I understand your concern. I would like to point out, though, that your assumption about the age of puberty is inaccurate. According to the National Institutes of Health, puberty usually begins in girls between 8 and 13 years of age, and in boys between 9 and 14 years of age. Puberty is considered to be early in boys before age 8 and girls before 9 years old. An average 9-year-old is in third grade. (Have you not seen the stories of 10-year-old girls getting pregnant after being assaulted?) Waiting until Jr. High to introduce sex education is far too late. You cannot always rely on parents to approach it appropriately. I was dumb as a rock about these issues until I was well into my teens because my mother didn’t want to discuss it. My kids were introduced to the topic in fifth grade and the parents had to sign a permission slip for their child to be present. Only one parent in the class objected. There should be a compromise somehow. But, in the meantime, please do teach math, spelling, geography, life skills, respect, and all the things that make a healthy, responsible, intelligent young adult.
Florida Voter says
TL;DR: Education is not grooming. Cisgender is gender identity. Legislate freedom and liberty, not a specific set of values. Support students, don’t alienate them.
“individuals that are trying to drill sexuality into our young children’s brains” … this isn’t what the law addresses. It forbids ALL (repeat, ALL, ANY WHATSOEVER, even INDIRECT REFERENCE) education about “gender identity” in K-3. A teacher using the title “Mr.” or “Mrs.” is based on that teacher’s gender identity, so by this law “Mr.” or “Mrs.” is ILLEGAL in K-3. Teaching the difference between boys and girls restrooms is ILLEGAL in K-3, since that’s based on the gender, hence gender identity, of the student. That’s probably not the intent of the law, but what matters is what the law says, not what the writers meant to say.
“going through puberty, which in my humble opinion, is the appropriate age to teach them [sex-ed].” actually, if you want a child to know “right from wrong” and be able to identify sexual abuse, you need to start much earlier. Some pediatricians say two or three years of age for the body parts, good touching vs bad touching, etc. Education can actually prevent grooming and abuse. There is such a thing as age-appropriate sex-ed for elementary school kids (again: good touching vs bad touching, etc). This includes the idea that some adults are boy/boy or girl/girl pairs, not just boy/girl (of course, boy/girl is cisgender, so referencing Mom and Dad is indirectly teaching gender identity, hence ILLEGAL in K-3).
“It has everything to do with a moral society collapsing around us.” IMHO, the government should be legislating freedom and liberty. Yes, the concepts of “freedom” and “liberty” are rooted in cultural morality, but your “morality” may not match your neighbor’s “morality.” Cisgender or Trans, both should be equally legal, since most opposition/preference for one or the other is based on “morality.” Teachers are the core of a major support system for many students, so preventing them from speaking about these concepts that may alienate those students critically inhibits that support system. LGBTQ+ students are bullied more other students and have a higher suicide rate than other students. Those are the students that NEED the support that schools can offer, not hostility and alienation.
“normal familial or friend relationships” again, your “normal” may not be your neighbor’s “normal.” Freedom and liberty vs legislating one person’s “morality.” If it’s something that harms the child, then yes, that should be illegal. Having two moms does not harm the child (according to our legal system). Knowing that there are other students who are not sexually attracted to the opposite gender is actually support, not harm.
I could go on refuting some of your comments, but I have other things that I need to get done.
REPEAL the “Don’t Say Straight” LAW!
Deborah Coffey says
BRAVO! A perfect rebuttal to someone who has been lied to by news media and politicians (and has believed those lies) and who has very little respect for teachers and no understanding at all for what they do and accomplish.
Skibum says
I would love for you to factually document ANY instance of teachers trying to “drill sexuality into our young children’s brains”. Have you ever spent any time in a school classroom and actually seen this occur? I bet not. What is very prevalent and happens daily in far too many schools, however, is rampant bullying of some kids for actual or perceived differences from those who love to bully others. This includes bullying of kids who have either come out as gay or who might be perceived to not be heterosexual. In any case, don’t you think it is important for the safety of students that teachers and other educators at least talk to school students about respecting their peers and not targeting them, not harassing or bullying others because someone else may be “different”? That is the type of conversations happening and a vital part of educating young people, and is NOT indoctrination. I’m sorry you feel the way you do, but there are many, many aspects of good and appropriate education that must happen in our schools simply because kids are not getting educated in those areas at home by their parents. If they were, the persistent problem of bullying would not be so widespread and critical as we all know it to be in today’s society.
Pierre Tristam says
At least the rabids could always scrounge up the odd voter fraud here and there, you know, six or seven poor schmucks (out of millions of votes cast) who thought they were voting legally but weren’t, and so got turned into propaganda poster bums with a few megatons of DeSantis radiation blown up their asses. But with this class indoctrination thing, all they have are the inventions of their perverse little minds. But isn’t that what Republican ideology adds up to now? Trashy bus depot sci-fi posing as policy?
Pogo says
@Pierre Tristam
Trashy bus depot sci-fi is owed an apology.
These mutts’ ideology started with them reading Mein Kampf, and Ayn Rand, in their dorm rooms.
The only difference between elected Republicans and the Taliban is this: the elected Republicans are here, and the Taliban is in Afghanistan.
Skibum says
You summed it up perfectly, Pierre. And I fear that the “trashy bus depot sci-fi” Florida GOP ideology will continue to be successful in this state. That is as long as there are enough uninformed Faux infotainment watching schmucks who either are incapable of, or uninterested in using their critical thinking skills to challenge the obvious bullshit that overflows daily from the governor’s office and his “yes, boss” legislators in direct conflict with Desantis’ laughable effort to call FL the “freedom state”!
Deborah Coffey says
Oh, Pierre, you write to perfection.