LGBTQ advocates sue over Florida’s ‘Don’t Say Gay’ bill

TALLAHASSEE, Fla. — A group of LGBTQ advocates, including organizations, students, parents and a teacher, sued Florida and the DeSantis administration in federal court Thursday over recently passed parental rights legislation branded as the “Don’t Say Gay” bill by opponents.

The lawsuit contends that the legislation, which has sparked an uproar with opponents like The Walt Disney Co. and the Biden administration, “is an unlawful attempt to stigmatize, silence, and erase LGBTQ people in Florida’s public schools.” It marks the first legal challenge for the high-profile measure that Republican Gov. Ron DeSantis signed into law Monday.

“LGBTQ students and parents are unsure about whether they can express or discuss their identities, and they worry about detention or other possible discipline or exclusion that may result if they do,” reads the complaint, filed in Florida’s northern district in Tallahassee. “The subordination and erasure of LGBTQ life that H.B. 1557 seeks to achieve has already begun—and it has already imposed concrete harms on countless children and families in Florida.”

The lawsuit was brought by attorneys for the New York-based firm Kaplan Hecker & Fink LLP and the National Center for Lesbian Rights on behalf of groups Equality Florida and Family Equality, as well as parties in local schools. It specifically names DeSantis, Florida Department of Education, the state Board of Education and various local school boards as defendants.

Lawyers for the group argue that the bill violates the First and 14th Amendments to the United States Constitution and federal Title IX rules, signaling an “extraordinary government intrusion on the free speech and equal protection rights” in public schools.

In the 80-page complaint, the attorneys attack what they perceive as “vagueness” in the legislation, writing that “nobody knows exactly what the statutory language covers.” The lawsuit argues that law puts the local plaintiffs “and countless others in danger” due to “disproportionality high risks to their mental and physical health” they face as members of the LGBTQ community.

“The law not only stigmatizes and silences those vulnerable students, exacerbating risks to their welfare, but also threatens school officials who foster a safe and inclusive environment for them,” attorneys wrote in the complaint.

The “Parental Rights in Education” bill, FL HB1557 (22R), prohibits teachers from leading classroom lessons on gender identity or sexual orientation for students in kindergarten through third grade. It also bans such lessons for older students unless they are “age-appropriate or developmentally appropriate.”

The legislation additionally requires schools to notify parents if there is a change in services for a student or any additional monitoring for their “mental, emotional, or physical health or well-being” and creates an outlet for legal action if these rules are broken by school officials.

Republicans contend the legislation is necessary to protect the rights of parents in educating their children.

State Republicans, including DeSantis, have been steadfast in their support for the parental rights bill, fighting with Democrats and entertainment giant Disney over its opposition. At least two GOP lawmakers pledged to return their campaign contributions to the California-based corporation, which also halted political donations to Florida. Disney employs tens of thousands of workers in Florida and has a flagship amusement part in Orlando.

“This law does not single out any particular group, orientation, or identity. It does not prohibit student-prompted discussion,” Bryan Griffin, deputy press secretary for DeSantis, wrote in a statement in response to the legal challenge. “We are confident it is legal to protect young children and parental rights.”