Equality Florida v. DeSantis
Last Updated: April 15, 2024
The Florida House Bill 1557, widely known as the “Don’t Say Gay or Trans” law that would seek to erase inclusive safe spaces for LGBTQ+ people in Florida public schools.
On March 28, 2022 the Northern District of Florida passed House Bill 1557, widely known as “Don’t Say Gay or Trans” law that harms LGBTQ+ people – and violates the First and Fourteenth Amendments of the Constitution – by discriminatorily censoring classroom instruction about sexual orientation or gender identity in Florida public schools, not only for grades K-3 but for any grade as long as someone concludes that the discussion is somehow not “age-appropriate.”
The subordination and erasure of LGBTQ+ life that HB 1557 sought to achieve has caused many copycat bills to be introduced throughout states in the U.S. — and has imposed concrete harms on countless children and families.
If you’re living in a state with similar laws, this guide will be helpful for demonstrating to your schools that LGBTQ+ people and topics can be discussed in the classroom, even when direct instruction is banned.
A case timeline
March 2022
The State of Florida passed House Bill 1557 that sought to erase LGBTQ+ life and equal dignity in Florida public schools.
That same month, Family Equality joined a lawsuit with Equality Florida, as well as Florida parents, students, and educators to challenge “Don’t Say Gay” law as harmful and unconstitutional.They were represented by lawyers at Kaplan Hecker & Fink LLP and the National Center for Lesbian Rights.
October 2022
U.S. District Judge Allen Winsor dismissed our complaint and held that none of the sixteen plaintiffs had standing to challenge it.
February 2023
Judge Winsor dismissed an amended complaint and entered judgment against the plaintiffs.
March 2023
Family Equality and Florida families appealed Judge Winsor’s dismissal of the case with the US Court of Appeals for the Eleventh Circuit
April 2023
Family Equality condemned the Florida Board of Education’s “Don’t Say Gay/Trans” rule which expanded the prohibition on classroom instruction on gender identity and sexual orientation to K-12 classrooms.
March 2024
Family Equality joins Equality Florida and NCLR on a historic settlement to roll back key provisions in “Don’t Say Gay” law.
The historic settlement challenging Florida’s “Don’t Say Gay” law
More than a dozen parents, students, and teachers throughout Florida, along with non-profit organizations Equality Florida and Family Equality, reached a historic settlement agreement with the Florida State Board of Education, Florida Department of Education, and school districts that resolves their facial challenge to Florida’s “Don’t Say Gay” law. The settlement agreement clarifies the following:
The law does not prohibit references to LGBTQ+ persons, couples, families, or issues, including: in literature, in classroom discussion (such as student-to-student speech or teachers responding to students’ questions), in students’ academic work product or teachers’ review of the same, in teachers identifying same-sex or transgender spouses or partners, or in any other context in which a teacher is not “instructing” on the subject of sexual orientation or gender identity.
The law does not prohibit Gay-Straight Alliances, including student attendance or participation by teachers or other faculty members. The law also does not prohibit book fairs that include LGBTQ+ focused books, musicals or plays with LGBTQ+ references or characters, participation and expression by LGBTQ+ persons in other extracurricular events like school dances, or the wearing of clothing that is affiliated with LGBTQ+ persons or issues or that does not conform with one’s perceived gender identity.
The law does not apply to library books, so long as those books are not being used in the classroom to instruct on the subjects of sexual orientation or gender identity.
The law does not apply to library books, so long as those books are not being used in the classroom to instruct on the subjects of sexual orientation or gender identity.
The law does not apply to non-school-personnel, including parents, other family members, and guest lecturers, so long as the school is not delegating to such third party the role of providing classroom instruction on the subjects of sexual orientation or gender identity.
This information was prepared and distributed by Family Equality.
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Family Equality exists to create a world where everyone can experience the unconditional love, safety, and belonging of family. Our mission is to ensure that everyone has the freedom to find, form, and sustain their families by advancing equality for the lesbian, gay, bisexual, transgender, and queer (LGBTQ+) community.
