Florida law dubbed 'Don't Say Gay' by crics gets first urt challenge | CNN Polics

Contents:

• JUDGE AGA TOSS CHALLENGE TO FLORIDA’S ‘DON’T SAY GAY’ BILL
• LAWSU FILED AGAST FLORIDA'S SO-LLED 'DON'T SAY GAY' LAW WH DAYS OF SIGNG
• THE NSTUTNAL PROBLEM WH FLORIDA’S “DON’T SAY GAY” BILL
• FLORIDA'S ERNOR SIGNS NTROVERSIAL LAW OPPONENTS DUBBED 'DON'T SAY GAY'
• EX-FLORIDA LAWMAKER BEHD THE 'DON'T SAY GAY' LAW PLEADS GUILTY TO COVID RELIEF D
• DO FLORIDA’S ‘DON’T SAY GAY’ BILL VLATE THE FIRST AMENDMENT?
• HERE'S WHAT FLORIDA'S 'DON'T SAY GAY' BILL WOULD DO AND WHAT WOULDN'T DO
• 14 STAT CLAIM FLORIDA’S ‘DON’T SAY GAY’ LAW ‘DO NOT DISCRIMATE’ AND WANT IT TO BE UPHELD
• SO, WHAT EXACTLY IS THE 'DON'T SAY GAY' LAW & HOW DO IT AFFECT YOU?

JUDGE AGA TOSS CHALLENGE TO FLORIDA’S ‘DON’T SAY GAY’ BILL

(AP) — For the send time more than a month, a lawsu challengg Florida’s so-lled “don’t say gay” legislatn rtrictg teachg on genr inty and sexual orientatn schools has been dismissed by a feral judge.

A report released Augt by the Human Rights Campaign, one of the natn’s largt LGBTQ advocy groups, and the Center for Counterg Digal Hate said that hateful referenc to gays, lbians and other LGBTQ people surged onle after Florida’s Republin-domated legislature passed the bill. A lawsu has been filed agast the State of Florida over the newly signed Parental Rights Edutn law, dubbed the "Don’t Say Gay" law by crics, jt three days after was signed. Ron DeSantis displays the signed Parental Rights Edutn, aka the Don't Say Gay bill, flanked by elementary school stunts durg a news nferencey, March 28, 2022, at Classil Preparatory school Shady Hills.

LAWSU FILED AGAST FLORIDA'S SO-LLED 'DON'T SAY GAY' LAW WH DAYS OF SIGNG

"Members and supporters of the LGBTQ muny attend the "Say Gay Anyway" rally Miami Beach, Florida, March 13, 2022. In the likely event that Florida’s Parental Rights Edutn bill — the legislatn wily known as the “Don’t Say Gay” proposal — be law, no one actually knows the full extent of the behavrs forbids.

Unr current law, the Don’t Say Gay bill isn’t jt vague, is unnstutnally vague.

THE NSTUTNAL PROBLEM WH FLORIDA’S “DON’T SAY GAY” BILL

” If Keyishian remas good law — and there is no guarantee that the US Supreme Court’s Republin supermajory will apply Keyishian fairly to an anti-LGBTQ law — then Florida’s Don’t Say Gay bill do not clear this bar.

The Don’t Say Gay bill, by ntrast, would take effect on July 1 if signed — one year before requir the Edutn Department to update s standards to provi guidance on how to ply wh the bill.

FLORIDA'S ERNOR SIGNS NTROVERSIAL LAW OPPONENTS DUBBED 'DON'T SAY GAY'

The Don’t Say Gay bill also an enforcement scheme remiscent of Texas’s SB 8 abortn ban: Unr the bill, parents n brg private lawsus agast school districts that vlate the ban.

The Don’t Say Gay bill putiz the most pdish parents to enforce.

Settg asi the qutn of whether any Florida teacher has actually told a stunt to wa to “pick your genr, ” the Don’t Say Gay bill do a whole lot more than simply require teachers to provi more rmatn to parents. May a gay teacher display a picture of their spoe on their sk?

EX-FLORIDA LAWMAKER BEHD THE 'DON'T SAY GAY' LAW PLEADS GUILTY TO COVID RELIEF D

Suppose that a third gra stunt asks a teacher who the hight-rankg openly gay official is the US ernment. What if a book tght a high school English class has a gay character? Or what if the book has no openly gay characters but a parent reads the book and nclus that has homoerotic unrton?

As mentned above, one problem wh the Don’t Say Gay bill is that don’t fe what nstut “classroom stctn.

DO FLORIDA’S ‘DON’T SAY GAY’ BILL VLATE THE FIRST AMENDMENT?

But the Don’t Say Gay bill is likely to soon have the force of law. Havg laid out this cricism of the Don’t Say Gay bill, I want to be precise about what the Constutn do and do not allow. ) But has to offer more clary regardg what is and is not allowed than the Don’t Say Gay bill provis.

Fally, and most signifintly for the future of the Don’t Say Gay bill, an unnstutnally vague statute may be rcued if urts or other bodi wh the power to terpret a statute narrow s meang and offer addnal clary about what sort of behavr forbids. Florida’s urts, other words, might rcue the Don’t Say Gay bill om a lawsu claimg is unnstutnally vague by providg clear fns for terms like “classroom stctn” and “age appropriate” that would allow a person “of mon telligence” to terme what sort of stctn is allowed and what kd of stctn is forbidn. The state Edutn Department uld potentially do so as well, when gets around to updatg s standards to expla how teachers n ply wh the Don’t Say Gay bill — although, aga, is possible that state urt judg will reject the standards and substute their own terpretatn of the Don’t Say Gay bill’s language.

In the meantime, any parent uld potentially sue their kid’s school district if a teacher even allus to the ncept of homosexualy a classroom discsn. So even if the Florida Supreme Court effectively rewr the Don’t Say Gay bill to make nstutnal, the rewrten law uld still be que awful for LGBTQ stunts and teachers. One other worrisome thg about the Don’t Say Gay bill is that there is no guarantee that the Supreme Court will enforce cisns like Keyishian that rtrict excsively vague laws, at least when enforcg those cisns would go agast many of the nservative jtic’ sense of moraly.

HERE'S WHAT FLORIDA'S 'DON'T SAY GAY' BILL WOULD DO AND WHAT WOULDN'T DO

It’s unclear whether the void-for-vaguens doctre will receive the same selective treatment if LGBTQ rights groups voke to challenge Florida’s Don’t Say Gay bill. The bill, which some opponents have lled "Don't Say Gay, " was signed by DeSantis on Monday.

The "Don't Say Gay" moniker om crics of the measure who blast this ia and sist this policy will hurt LGBTQ children. "Florida's HB 1557, also known as the 'Don't Say Gay' bill, should never have passed and should never have been signed to law, " the statement read. A former Florida lawmaker who sponsored a bill dubbed the "Don't Say Gay" law by crics has plead guilty to dulently obtag COVID-19 relief funds.

Crics om Democrats to LGBTQ groups took to llg the "Don't Say Gay" law and nmned Republins for chillg speech schools. Qutns have been raised as to whether Florida’s so-lled “Don’t Say Gay” bill vlat the First Amendment rights of teachers and stunts public primary schools the state.

14 STAT CLAIM FLORIDA’S ‘DON’T SAY GAY’ LAW ‘DO NOT DISCRIMATE’ AND WANT IT TO BE UPHELD

All ey will be on Florida Monday as the so-lled Don’t Say Gay bill go before the full state Senate for nsiratn. But Calvert warned of a very likely “chillg effect, ” where teachers would be cled to censor themselv over fear of retributn om parents, who unr the bill would be granted greater thory to sue school districts believed to be vlatn of “Don’t Say Gay. FLORIDA ‘DON’T SAY GAY BILL’ PASSES FINAL SENATE COMMITTEE.

SO, WHAT EXACTLY IS THE 'DON'T SAY GAY' LAW & HOW DO IT AFFECT YOU?

But Florida’s Parental Rights Edutn act — which crics have dubbed the “Don’t Say Gay” bill — has sudnly sparked a natnal war of recent weeks, lears of global rporatns, edorial boards of major newspapers and Hollywood actors have all weighed on the proposed legislatn, wh some llg “eply disturbg” and others “nonntroversial. ” Conversely, opponents say would unfairly target the LGBTQ muny — particularly gay and trans stunts — and is “pretendg to solve a problem that don’t exist. For starters, cricism that the “Don’t Say Gay” bill do not fact say “gay” anywhere s text is te.

The bill, which passed Florida’s Senate last week and the state’s Hoe of Reprentativ Febary, do, however, nta the terms “sexual orientatn” and “genr inty, ” each legal experts say that whether the bill prohibs the word “gay” self is a “distractn.

“The ‘Don’t Say Gay’ moniker is a moniker about a certa polil amg of this suatn. ”Beyond brandg, a re argument over the bill centers around whether would prohib the “stctn” or “discsn” of sexual bill’s sponsors have emphatilly stated that the bill would not prohib stunts om talkg about their LGBTQ fai or bar classroom discsns about LGBTQ history, cludg events like the 2016 adly attack on the Pulse nightclub, a gay club Orlando.