Judge strikes down DeSantis’ controversial anti-trans law, Florida teachers celebrate temporary court win
Florida – A federal judge in Florida has struck down a state law that made it illegal for teachers to use pronouns that are different from a student’s sex at birth is unconstitutional because it violates federal civil rights laws.
U.S. District Judge Mark Walker said that the 2023 law discriminates against transgender teachers by compelling them to give up their preferred pronouns and titles or face discipline, suspension, or termination. Walker determined that the law changed the terms and conditions of employment for those educators in a way that was directly under Title VII of the Civil Rights Act of 1964, which says that you can’t discriminate against someone at work because of their sex.
Two teachers filed the case. Both of them said that the law forced them to misidentify themselves at work, which they said was not only wrong but also against federal rights.
Walker’s decision adds a lot to an already heated legal and political debate in Florida. Governor Ron DeSantis and Republican lawmakers pushed for the proposal as part of a larger plan for tackling with issues of gender identity. Along with the pronoun law, there were other laws passed that limited gender-affirming medical care for minors and limited classroom discussions about sexual orientation and gender identity.
Walker said that the rule goes against federal law, but the verdict doesn’t impact how the law is enforced right away. He didn’t go so far as to issue an injunction or give the teachers implicated damages. The 11th U.S. Circuit Court of Appeals is currently looking at a different but closely similar case from Georgia, Lange v. Houston County. This case is now waiting on a broader decision from that court. That case might decide if Title VII protects trans workers in the Southeast in similar situations.
The legal battle has been difficult. Judge Walker gave the teacher a preliminary injunction earlier in the case that protected him from having to follow the law because of the First Amendment. In July, though, a split panel of the appeals court invalidated that protection. They said that teachers who speak in class are behaving as government workers instead as private citizens with free speech rights. That change made the case into a Title VII employment discrimination issue, which is what Walker’s most recent decision was based on.
The case has effects that go well beyond Florida. If the appeals court rules against the teachers in the Georgia case, other states may feel inclined to keep passing laws that limit the use of pronouns in schools and workplaces. If the court sides with the plaintiffs, though, the outcome could set a stronger precedent for federal rights, making it clear that transgender employees can’t be pushed to do things at work that conflict with their gender identity.
Read also: Nightmare for Florida lawmakers, Gov. DeSantis: Judge struck down a controversial election law
The verdict at its core shows how state regulations that target gender identification are still in dispute with the federal government’s civil rights framework. The ruling is a significant acknowledgment of the rights of the teachers, but the final result still rests on the appeals process. As the legal disputes continue, the verdict shows how questions over pronoun use, which used to be limited to cultural and political discussions, are now having a bigger impact on the limits of federal workplace rights.
