'I hope this law is obliterated.' Plaintiffs in the first lawsuit challenging 'Don't Say Gay' in Florida speak out
ourdes Casares and Kimberly Feinberg have been together for over 17 years. After they wed in 2016 when same-sex marriage became legal in Florida, they thought they would be guaranteed all the “rights and privileges” that come with it, Casares says, including having their child be protected and treated equally under the law.
“This calculated, politically motivated, virtue-signaling lawsuit is meritless, and we will defend the legality of parents to protect their young children from sexual content in Florida public schools,” Taryn Fenske, communications director for DeSantis’ office, tells TIME. The law also includes the unusual provision of creating a new cause of action for lawsuits, allowing parents to sue school districts if they believe the law has been violated. Supporters say the provision empowers parents, but detractors say it could create a further chilling effect on the speech of teachers and LGBTQ students, given that school districts would have to pay the legal fees if the parents prevail.
The lawsuit challenges the law in several ways. First, it argues that the law and its enforcement mechanism violate the First Amendment by restricting children’s rights to receive information and unduly inhibiting teachers’ speech. Second, it argues that the law was passed for the explicit purpose of disadvantaging LGBTQ people and therefore violates the equal protection clause of the Fourteenth Amendment.
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