Saturday, April 20, 2024

Federal Judge Hands DeSantis Another Win – Dismisses Second Challenge to Florida Parental Rights Law

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Florida parents are breathing a sigh of relief.

U.S. District Court Judge Wendy Berger dismissed a second challenge to the state's law, commonly referred to as “Don't Say Gay” by opponents. (RELATED: Federal Judge Tosses Out Lawsuit Against Gov. Ron DeSantis)

The law, signed into effect in March by Gov. Ron DeSantis, prohibits primary school teachers from engaging in classroom instruction related to sexual orientation and identity. High school teachers are barred from addressing either topic in a manner that is not “age appropriate or developmentally appropriate” for their students, according to The Hill.

Critics of the law have attempted to misrepresent the reality and peddled claims the law is a direct attack on the LGBTQ+ community.

Berger wrote that the case's plaintiffs had not produced facts that would “lead a reasonable person to believe” the law prevents students from talking to their teachers or peers about their families or LGBTQ parents from attending school functions and openly discussing their family structures.

Berger in her ruling also addressed concerns voiced by the parents of one of the plaintiffs — a nonbinary middle school student — that the new state law would encourage more bullying at school, writing that “it is simply a fact of life that many middle school students will face the criticism and harsh judgment of their peers.”

“Indeed, middle school children bully and belittle their classmates for a whole host of reasons, all of which are unacceptable, and many of which have nothing to do with a classmate's gender identity,” Berger wrote.

In a statement, Lambda Legal which filed the in July along with the Southern Poverty Law Center and the Southern Legal Counsel said it plans to move forward in challenging the law.

“The court's decision defies decades of precedent establishing schools' constitutional obligations to protect student speech, and to protect students from targeted bullying and harassment based on who they are,” the statement read.

“We very much look forward to continuing the fight against this unjust and dangerous law,” said Angela Vigil, Partner and Executive Director of Pro Bono Practice at Baker McKenzie LLP. “We plan to show the court and the state the harm caused to children and families by this law is destructive in so many ways for , community, families and, most importantly, children.”

Previously, another judge dismissed a challenge to the Sunshine State's law which claimed it violated the U.S. Constitution and Title IX, which prohibits educational institutions receiving federal funds from discriminating based on sex.

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Nancy Jackson
Nancy Jackson
Nancy grew up in the South where her passion for politics first began. After getting her BA in journalism from Ole Miss she became an arts and culture writer for Athens Magazine where she enjoyed reporting on the eclectic music and art scene in Athens, GA. However, her desire to report on issues and policies impacting everyday Americans won out and she packed her bags for Washington, DC. Now, she splits her time between the Nation’s Capital and Philadelphia where she covers the fast-paced environment of politics, business, and news. In her off time, you can find Nancy exploring museums or enjoying brunch with friends.

2 COMMENTS

    • I was thinking the exact same thing. When are conservatives going to go on offense and sue LGBTQ organizations for their attack on traditional, American parents? We need them to exhaust their coffers on legal fees.

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