TALLAHASSEE — A lawsuit is suing the Florida Department of Education challenging a new law that prohibits public school employees and contractors from using their preferred personal titles or pronouns if they do not correspond to their sex assigned at birth.
Florida Department of Education; State Board of Education; Monesia Brown, Esther Byrd, Grazie Christie, Kelly Garcia, Benjamin Gibson, Mary-Lynn Magar, and Ryan Petty, in their official capacities as members of Defendant State Board of Education; Commissioner of Education; Education Practices Commission; Aadil Ameerally, Ana Armbrister Bland, Jared Barr, Michael Butcher, Yvonne Caldwell, Elayne Colon, Ann Copenhaver, Joseph Goodwin, Benjamin Henry, Timothy Holley, Lisa Innerst, Jeffrey Johnson, Kenneth LaPee, Mason Lewis, Sallie Murphy, Christine Plaza, Kevin Rowe, Charles Shaw, Orenthya Sloan, Marc Snyder, Malcolm Thomas, Jordan Tompkins and Kathy Wilks, in their official capacities as members of Defendant Education Practices Commission; Hillsborough County School Board; Lee County School Board; and Florida Virtual School Board of Trustees were all named as defendants in the suit.
The case involves several plaintiffs who are current and former Florida public school teachers, including Katie Wood, Jane Doe, and AV Schwandes, according to a complaint filed in U.S. District Court for the Northern District of Florida.
The plaintiffs are challenging a law enacted by Florida, subsection 3 of Florida Statutes § 1000.071, which prohibits public school employees and contractors from using their preferred personal titles or pronouns if they do not correspond to their sex assigned at birth.
The plaintiffs claim the law directly affects transgender and nonbinary teachers, forcing them to use titles and pronouns that do not align with their gender identity.
The plaintiffs argue that subsection 3 violates federal laws, including Title VII of the Civil Rights Act of 1964, the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, and Title IX of the Education Amendments of 1972.
The law discriminates against them based on sex and unlawfully restrains their speech by prohibiting the use of titles and pronouns that express their gender identity, according to the suit.
The plaintiffs claim that subsection 3 stigmatizes and harms them psychologically, affecting their well-being, workplace respect and ability to perform their jobs effectively.
The plaintiffs assert that the law must be invalidated as it conflicts with the Constitution and federal laws protecting against discrimination.
The plaintiffs accuse Florida of intentionally stigmatizing and demonizing transgender and nonbinary people through these laws.
The plaintiffs recount their experiences of being affected by subsection 3, with Wood and Doe, for example, claiming they face anxiety and disruption in their classrooms after being forced to use the title "Teacher" instead of "Ms."
Schwandes claims they were terminated from their teaching position for refusing to comply with the law's requirements regarding personal titles and pronouns.
The plaintiffs seek to challenge subsection 3 on the grounds of its unconstitutionality and its harmful impact on their lives and careers as educators. They aim to demonstrate the discriminatory nature of the law and its infringement on their rights to express their gender identity.
The plaintiffs are seeking compensatory damages. They are represented by Sam Boyd and Carli Raben of Southern Poverty Law Center in Miami; Aaron S. Fleisher of Southern Poverty Law Center in Washington, D.C.; Diego A. Soto and Jessica L. Stone of Southern Poverty Law Center in Decatur, Ga.; Simone Chriss and Jodi Siegel of Southern Legal Counsel in Gainesville; and James M. Finberg and James Baltzer of Altshuler Berzon in San Francisco.
Defendants did not respond to requests to comment on the lawsuit.
U.S. District Court for the Northern District of Florida case number: 4:23-cv-00526