Florida State Board of Education Adopts New Rules Designed to Confuse & Intimidate Educators

TALLAHASSEE, FL -- Today, the Florida State Board of Education voted to adopt two vague rules that threaten to remove the professional licenses of teachers if violated (proposed rule number 6A-10.081 and proposed rule number 6A-5.065). While designed to create confusion and chill efforts by educators to affirm their LGBTQ students, the rules do nothing to compel teachers to out those students against their will.

“It's clear that the DeSantis Administration continues to weaponize state agency rules with one goal in mind: sow fear and uncertainty around how best to care for and respect LGBTQ Floridians,” said Jon Harris Maurer, Equality Florida Public Policy Director. “In this case, the State Board of Education’s rules are designed to create confusion about how best to address the needs of LGBTQ youth. However, these rules do not require teachers to out students against their will and do not compel educators to be less inclusive or welcoming of all students. Florida school districts have followed comparable policies for years that have allowed LGBTQ youth to continue building relationships and sharing information about their identity with those they trust. LGBTQ students, like all students, deserve to be protected from harm and treated with respect. Education professionals are tasked with continuing to provide safe, affirming environments for all young people in their care.”

The newly adopted rules threaten the licenses of educators who fail to notify families if the services a student receives change or if they require additional monitoring of their wellbeing. However, the simple knowledge of a student’s sexual orientation or gender identity does not constitute a change in services, nor does it require additional monitoring. Similarly, a student’s LGBTQ identity doesn’t automatically raise concerns about their mental, emotional, or physical health or well-being. In that way, these rules do not compel teachers to take any new action when a student discloses information about their identity. 

These rules continue a series of politically motivated anti-LGBTQ attacks from the DeSantis Administration and state agencies over the past year. Emboldened by bigoted policies to censor LGBTQ people from classrooms and bar transgender young people from participating in sports with their classmates, the Governor and his appointees have weaponized agency rulemaking and enforcement processes to further discriminate against the community. The state’s Medicaid agency recently stripped transgender Floridians of coverage for gender affirming care and the Boards of Medicine and Osteopathy are proposing to ban that care for transgender youth. The Department of Business and Professional Regulation has been wielded as a weapon against LGBTQ-inclusive small businesses, targeting popular community gathering places that dare to host drag performances. And the Department of Education’s review of key provisions in the dangerous Don’t Say LGBTQ law is ongoing.

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Equality Florida is the largest civil rights organization dedicated to securing full equality for Florida’s lesbian, gay, bisexual, transgender and queer (LGBTQ) community. Through education, grassroots organizing, coalition building, and lobbying, we are changing Florida so that no one suffers harassment or discrimination on the basis of their sexual orientation or gender identity.

Great news from Amy Grant!  -Our congratulations to her niece & her fiancee on their upcoming wedding plans!

https://pridesource.com/article/amygrantgaywedding/

The Respect for Marriage Act - a great bipartisan milestone! The bill, which passed just this week in the US Senate, now returns to the House for another vote before it proceeds to the President to be signed into law. The Act will provide protections to LGBTQ+ couples at the federal level, specifically to ensure that our marriages cannot be annulled should the US Supreme Court at some point in the future overturn the Obergefell v. Hodges decision of 2015 which provided national marriage equality.

Again, The Respect for Marriage Act is a great achievement! However, it is not a guarantee of ongoing marriage equality throughout the country. Individual states are poised to disallow LGBTQ+ couples to marry, should the Supreme Court overturn Obergefell v. Hodges. This would likely mean that in the future couples who reside in certain states might have to cross borders to legally marry... and it opens the door for individual states to find ways to limit state protections after the couple is married, even though federal protections will remain intact.

The Respect for Marriage Act also does not provide any further protections to guard against discrimination from particular wedding vendors.

So... there is still work to do on behalf of full equality for our community!! Celebrate this victory... and continue to keep yourself informed as future legislation is considered. And most of all, continue to stay active in the community and VOTE in all elections to do your part to forward EQUALITY for us all.

As always, if you have questions about the specifics of the law and how it applies to you and your committed relationship with your partner and/or your family, RainbowWeddingNetwork encourages you to seek out legal counsel from someone who is experienced with LGBTQ+ issues.

Nov. 16, 2022 - The United States Senate is set to vote on the federal Respect for Marriage Act today.  The federal law, which is expected to pass, would ensure marriage recognition between states should Obergefell be overturned at some point in the future by the conservative-leaning Federal Supreme Court.  The law would ensure that states not recognizing or barring same-sex marriages in a post-Obergefell world would be required to recognize legal marriages from other states, at least with regard to federal rights and responsibilities. It would not, however, have an impact on rights at the state level.  The law is designed to ensure some degree of protection in a worst-case scenario for marriage equality, while still on a firm states' rights standing to guard it from future legal challenges.  It is arguably the most important milestone for LGBTQ+ rights since the June 2015 Obergefell vs Hodges ruling. 

Do you have concerns about how the current political climate may impact your marriage or marriage plans?
Join our discussion in our Facebook group at https://www.facebook.com/groups/LGBTQWeddings.