More than a dozen students, parents, educators and advocates have filed a lawsuit against Republican Florida Governor Ron DeSantis to repeal the state’s new “Don’t Say Gay” law signed with great fanfare by DeSantis Wednesday, NBC News reports.
The poorly-crafted law bars educators “from [conducting] classroom instruction … on sexual orientation or gender identity” in “kindergarten through grade 3 or in a manner that is not age-appropriate or developmentally appropriate.” Critics note that the law, as written, prevents educators from discussing their spouses or addressing issues and questions regarding students who have same-sex parents. It also prevents school staff including counselors from helping students cope with their own or their families’ concerns with an LGBTQ child or parent.
“With the passage of HB 1557, Florida has not only taken a giant step backwards, but it has done so at the expense of our children, the most vulnerable members of society,” Roberta Kaplan, a founding partner of Kaplan Hecker & Fink LLP, said in a statement relating to the 80-page complaint. “It is hard to imagine anything more offensive to our constitutional system than treating one group of school kids as second class based solely on who they are or who their parents are. This law cannot be allowed to stand.”
The law is likely to be struck down in courts because it is a clear violation of the First Amendment free speech protections, with the government censoring speech of educators and students. It’s also likely to be found to be a violation of the Fourteenth Amendment’s Equal Protection clause because it’s targeted at silencing discussions about LGBTQ relationships, which would violate only the rights of people who would discuss their same-sex partners or parents.