Attorneys General Join To Opposing Florida "Don’t Say Gay" Law
Sixteen states’ attorneys general, including out AGs from Massachusetts and Michigan, have filed a lawsuit challenging the constitutionality of Florida’s discriminatory "Don’t Say Gay" law.
The lawsuit, Equality Florida v. DeSantis, was brought on behalf of students, parents, teachers, and LGBTQ+ rights groups. In the brief, filed in the US District Court for the Northern District of Florida, 16 attorneys general support the suit and ask the court to deny Florida’s motion to dismiss.
According to LGBTQ Nation, the Parental Rights in Education Act bans “classroom instruction […] on sexual orientation or gender identity” in kindergarten through third grade, while also requiring the state education agency write new classroom instructions.
In their brief, the attorneys general argue the law is an “extreme outlier” that lacks a “legitimate pedagogical purpose.” The new law does not define many of its key terms, like “classroom instruction,” and its implementation is forcing Florida teachers to censor themselves out of fear of prosecution.
The law allows parents who disagree with a teacher or school district’s decisions to bring a civil claim to enforce the law’s prohibitions. That could potentially include a lawsuit brought against any individual who presents as LGBTQ+.
“Florida’s hate-fueled law is the censorship of LGTBQ+ issues at a time when school communities should be creating an educational environment that is inclusive of everyone,” said AG Maura Healey of Massachusetts, an out Democrat who’s running for governor of the state. “With my colleagues across the country, we are asking the court to put an end to this radical policy and protect LGBTQ+ young people and their families from further harm.”
Healey joined the amicus brief with attorneys general from New Jersey, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New York, and Oregon.
Michigan Attorney General Dana Nessel, a Democrat who is Michigan’s first openly gay top statewide official, says that the law poses a serious threat to LGBTQ+ students, who she says are particularly vulnerable to discrimination.
“This bill is an affront not just to educators, but also to LGBTQ+ students, especially those who may already be experiencing the stigmatizing effect of their identity at school,” Nessel said. “This bill is not motivated by the desire to limit inappropriate content in classrooms. It is meant to have a chilling effect on how educators do their jobs and may also violate the First Amendment rights of students and teachers alike. I gladly join my colleagues on this brief and hope it discourages other states, including Michigan, from considering similar legislation.”
Read related myGwork articles here:
Online LGBTQ+ Hate Surges Over 400% Following Florida’s "Don’t Say Gay" Bill
Florida Student Gives Epic Speech Tearing Apart "Don’t Say Gay" Law – Without Saying Gay
Florida Governor Signs "Don’t Say Gay" Bill While Surrounded By Kids Holding Anti-LGBTQ+ Signs
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