school daze

Gov. DeSantis can’t be happy about this new legal twist in battle against “Don’t Say Gay”

Does Florida’s “Parental Rights in Education” law — aka the “Don’t Say Gay” law — violate First Amendment, due-process and equal-protection rights?

To paraphrase a bunch of unhappy Floridians: Abso-eff-ing-lutely. Now they’d like a federal judge to halt school districts from enforcing the law, which prohibits teachers from discussing gender identity or sexual orientation in grades K-3, and bans any such discussions deemed “age-inappropriate” for older students as well.

Related: 16 states just turned to Ron DeSantis and said “GAY GAY GAY”

On Friday, a group of Florida teens and their families, along with LGBTQ advocacy groups, requested a preliminary injunction, arguing their constitutional rights are bing violated. The move marks a new chapter in the fight against the law, challenging school districts rather than the DeSantis administration. Politico reports that “nothing has been scheduled as of Monday morning.”

The law’s enforcement rollout has been messy. Since it went into effect on July 1, some schools forced teachers to remove signage indicating a classroom is a “safe space” for LGBTQ students, remove photographs of their same-sex spouses, and even out students to their peers’ parents.

The law also allows parents to sue school districts they believe are violation of the measure.

Related: Ron DeSantis’ latest proposal proves he wants only the worst for Florida students

Attorneys for the group wrote in the motion seeking an injunction that the law “was enacted with the purpose and effect of discriminating against LGBTQ+ students and students with LGBTQ+ family members, subjecting them to differential and adverse treatment, including through an invitation to arbitrary enforcement and a private right of action for hostile parents.”

Florida teen activist Will Larkins and LGBTQ center association CenterLink are among the plaintiffs who initially filed suit against several school boards last month. Orange, Indian River, Duval and Palm Beach counties are named as defendants.

The suit condemns the law’s “vigilante enforcement mechanism,” and its “intentionally vague and sweeping scope, [inviting] parents who oppose any acknowledgement whatsoever of the existence of LGBTQ+ people to sue, resulting in schools acting aggressively to silence students, parents, and school personnel.”

Related: Florida teen warned not to ‘say gay’ during graduation speech finds perfectly shady solution

Attorneys for the plaintiffs cite the case of one non-binary student who reports being bullied over their gender identity “more intensely than ever in the past” and others who say they are “unsure if they can use their own pronouns or if they can report bullying based on their LGBTQ+ identity.”

In March, Lawyers with the National Center for Lesbian Rights and the firm of Kaplan Hecker & Fink LLP  also sued on behalf of Equality Florida and Family Equality as well as students, parents, and a teacher.

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