DeSantis LGBTQ School Law Harms ‘True Identities,’ Suit Says

(Bloomberg) -- A pair of civil rights groups sued Florida Governor Ron DeSantis over what they describe as the state's “Don't Say Gay” law, accusing the Republican of trying to “stigmatize, silence and erase” LGBTQ students through illegal government censorship.

The law, which bars instruction on sexual orientation and gender identity in kindergarten through third grade, violates the U.S. Constitution by preventing LGBTQ minors from living “their true identities in school,” Equality Florida and New York-based Family Equality said in a suit filed Thursday in Tallahassee.

“Florida has not only taken a giant step backwards, but it has done so at the expense of our children,” Roberta Kaplan, a lawyer for the groups, said in a statement. “It is hard to imagine anything more offensive to our constitutional system than treating one group of school kids as second class based solely on who they are or who their parents are.”

The lawsuit comes amid a growing nationwide battle over LGBTQ rights, particularly in regards to transgender youth and trans women and girls in sports. A recent Texas rule mandating that gender-affirming health care for trans minors be treated as “child abuse” has also triggered litigation.

Read More: Battle Over Transgender Kids Is Deeply Personal for ACLU Lawyer

The Florida law goes beyond restrictions for grades K-3 by barring lessons about LGBTQ issues for any grade as long as someone concludes that the discussion is not “age-appropriate.” It also creates a pathway for parents to sue school boards for suspected violations.

DeSantis spokeswoman Taryn Fenske said in an email that the law does not prohibit teachers from having “opinions, lifestyles, or advocacy” on their own time, or restrict them from responding to questions from students.

“This calculated, politically motivated, virtue-signaling lawsuit is meritless, and we will defend the legality of parents to protect their young children from sexual content in Florida public schools,” Fenske said.

DeSantis, a potential 2024 Republican presidential candidate, signed the bill known as H.B. 1557 on March 28, drawing criticism from companies including Walt Disney Co. and concern that the law could hurt business and tourism in the state. 

According to the suit, the new law is too vague, lacking any definition of the subject matter it aims to restrict. The civil rights groups also claim the law's enforcement scheme is “designed to maximize the chilling effect” of the restrictions by allowing parents to sue schools for suspected violations. The schools can't get their legal fees back if a suit is dismissed.

“Going forward, it will be ‘open season' on Florida school boards, who will find themselves under the constant threat of paying legal fees and costs if they do not accede to any parent's demand to remove content, quell discussion, or ban curricula that the parent views as implicating H.B. 1557,” the plaintiffs said.

Equality Florida is represented in the suit by National Center for Lesbian Rights, which successfully sued to block similar laws in Utah, South Carolina and Arizona, and the law firm Kaplan Hecker & Fink.

The case is Equality Florida v. DeSantis, 4:22-cv-00134, U.S. District Court for the Northern District of Florida (Tallahassee).

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