A Florida judge this week temporarily blocked enforcement of pronoun laws for one non-binary teacher and two transgender teachers.
“Once again, Florida has a First Amendment problem.” Chief U.S. District Judge Mark Walker wrote in his preliminary injunction: “Some might say it’s happening so often these days that you can set your clock on it.”
“This time, we declare that the state of Florida has absolute authority to redefine your identity if you choose to teach in its public schools,” the opinion released Tuesday continued. . “The question before this court, then, is whether the First Amendment allows states to dictate without limit how public school teachers refer to themselves when addressing students.” Yes. The answer is a resounding ‘no.’
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In December, two trans teachers and one non-binary teacher spoke out against the state’s Parental Rights in Education Act, which restricts teachers and educators from using pronouns that don’t align with their own ideas. The government filed a lawsuit over the bill, which it calls the “Don’t Say It” bill. biological sex.
Walker argued in a legal opinion that the law violates the First Amendment and granted one of the transgender teachers, Katie Wood, a temporary restraining order. An injunction does not completely overturn the law for everyone. Wood was an exception because the student called the teacher “Mr.” Pre-2023 Act. After the law went into effect, students called Wood “Mr. Wood” instead of “Mr.”, which Wood claimed was stigmatizing.
“Katie Wood is a transgender woman who is known at school—indeed, in every aspect of her life—as ‘Mr. Wood.’ She uses her own pronouns to refer to herself. , we hope to inspire others to do the same,” Walker wrote. “AV Schwandes is non-binary and is known as ‘Mx. Schwandes.’ Mx. Schwandes uses they/them pronouns to refer to herself, and she would like others to do the same. ”
However, the judge did not conclude that the other two teachers had “demonstrated a likelihood of success” in arguing that the law violated their rights.
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“In short, Mr. Schwandes has not presented any evidence that he intends to engage in any speech activity that violates the law in the near future,” Walker wrote.
Woods argued in his lawsuit that the law discriminates on the basis of sex and violates the Equal Protection Clause, Title VII of the Civil Rights Act of 1964, and Title IX of the Education Reform Act of 1972.
“I hope this verdict will encourage those who feel powerless to stand up for themselves,” Wood said in a statement. “Where there is pain, there is strength. When good people come together, anything can happen.”
Lawyers for the three plaintiffs said in a statement that the ruling “sends a strong, positive message to transgender and non-binary educators that their titles and identities are not mutually exclusive.” Ta.
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Florida Governor Ron DeSantis spoke at a press conference during the closing ceremony of the 2023 Florida Legislature.
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At the time, Republican Gov. Ron DeSantis expanded the 2022 Education Act, which bans LGBTQ+ curriculum, to include a ban on teachers and students using preferred pronouns that do not match their gender, and in the Sunshine State. He said there would be no “pronoun Olympics.” . ”
DeSantis added that Florida teachers and students “will never be forced to declare their pronouns in school or be forced to use pronouns that are not based on their biological sex.” Ta.
