Showing posts with label Florida. Show all posts
Showing posts with label Florida. Show all posts

Wednesday, March 13, 2024

Settlement Narrows Interpretation of Florida's "Don't Say Gay" Law

On Monday, a Settlement Agreement (full text) was filed with the U.S. Court of Appeals for the 11th Circuit in Equality Florida v. Florida State Board of Education. In the case, plaintiffs challenged the constitutionality of Florida's Parental Rights in Education Act (sometimes known as the "Don't Say Gay" law). The Settlement Agreement defines narrowly the conduct that is prohibited by the law. According to the Agreement, the law only bans instruction on sexual orientation or gender identity that takes place in the classroom in grades 1-3. It does not ban references by teachers or students that do not amount to "instruction." Library books and extracurricular activities are not impacted by the ban.

In a press release, Florida Governor Ron Desantis' referred to the settlement as 

a major win against the activists who sought to stop Florida’s efforts to keep radical gender and sexual ideology out of the classrooms of public-school children in kindergarten through third grade (5- to 9-year-olds).

Plaintiffs in the case however describe it as a win for them, saying in part:

The agreement effectively nullifies the most dangerous and discriminatory impacts of Florida’s controversial “Don’t Say Gay Law,” and makes clear that the law must be applied neutrally and is no license to discriminate against or erase LGBTQ+ families.

The settlement restores the ability of students, teachers, and others in Florida schools to speak and write freely about sexual orientation and gender identity in class participation and schoolwork. It also restores safeguards against bullying on the basis of sexual orientation and gender identity, and reinstates Gay-Straight Alliances (GSAs). Critically, the settlement also requires the State Board of Education to send today’s agreement to every school district, and to make clear that the settlement reflects the considered position of the State of Florida on the scope and meaning of this law.

Thursday, February 01, 2024

Recorded Statements Made to Church Leaders and Pastor Not Privileged

In State of Florida v. Gonzalez, (FL App., Jan. 31, 2024), a Florida state appellate court held that a video recording of a meeting between defendant and some 14 to 20 church leaders (including the pastor) did not meet the statutory requirements for the communication to be privileged. The court reversed the trial court's grant of defendant's motion to suppress the video at defendant's trial for sexually molesting the church pastor's 12-year-old granddaughter. The pastor called the meeting and instructed defendant "that he would need to explain to the church leaders the details of what he had done and that he would need to ask for forgiveness." The court said in part:

We reject the State's attempt to frame the communication here as being made only to S.S. [the victim's mother] and to the other church leaders.  Having viewed the video and reading the transcript therefrom, we conclude that M.S., Gonzalez's pastor, was among the recipients of Gonzalez's communication and, therefore, that part of section 90.505(2) was met. However, the privilege requires more than just a statement being made to a member of the clergy.  The dispute in this case centers on the other requirement: that the communication was confidential.  And that part of the test requires that the communication be "made privately for the purpose of seeking spiritual counsel or advice from the member of the clergy in the usual course of his or her practice or discipline and not intended for further disclosure except to other persons present in furtherance of the communication."  § 90.505(1)(b)....

Wednesday, January 24, 2024

Nurse Sues Clinic for Refusing to Accommodate Her Objection to Prescribing Contraceptives

A religious discrimination lawsuit was filed last week in a Florida federal district court by a nurse-practitioner who was fired from her position at a Florida CVS MinuteClinic. The complaint (full text) in  Kristofersdottir v. CVS Health Corp., (SD FL, filed 1/18/2024), alleges that CVS revoked all religious accommodations that allowed employees to refuse to prescribe contraceptives, including the accommodation it had given to plaintiff for more than 7 years.  Plaintiff, a Roman Catholic, objected to prescribing hormonal contraceptives for patients. According to the complaint:

CVS corporate culture changed around 2021. Instead of protecting religious freedom, CVS began to treat religious practice as a source of "privilege."...

CVS never discussed possible accommodation options with Ms. Kristofersdottir even though CVS had numerous ways to provide a reasonable accommodation without undue hardship on the business.

When Florida subsequently passed a law protecting conscience-based objections by employees, CVS offered plaintiff her job back, but she declined the offer. The complaint alleges violations of Title VII and the Florida Civil Rights Act.

First Liberty issued a press release announcing the filing of the lawsuit.

Friday, January 12, 2024

11th Circuit: Transit Agency's Policy Barring Religious Ads Violates Free Speech Protections

In Young Israel of Tampa, Inc. v. Hillsborough Area Regional Transit Authority, (11th Cir., Jan. 10, 2024), the U.S. 11th Circuit Court of Appeals held unconstitutional a public transit agency's policy on the sale of advertising space on its vehicles and property.  While selling advertising space, the agency prohibited ads that "primarily promote a religious faith or religious organization." Applying this policy, the transit agency rejected an ad from plaintiff promoting a "Chanukah on Ice" event. The court concluded that the policy violates plaintiff's free speech rights, saying in part:

Though the analysis would not change one way or another, we’ll assume, without deciding, that the HART vehicles and property at issue here are nonpublic forums as opposed to limited public forums. Even so, when the government restricts speech in nonpublic forums, it “must avoid the haphazard and arbitrary enforcement of speech restrictions in order for them to be upheld as reasonable.”...

Given the inherent ambiguity of the word “religious,” the uncertainty and potential breadth of the term “primarily promote,” and the lack of any definitions, we agree with the district court that the policy fails to provide any objective or workable standards. The policy therefore fails under [the U.S. Supreme Court's decision in Minnesota Voters Alliance v.] Mansky....

Judge Newsom filed a concurring opinion, saying in part:

I'm not sure that any religious-speech restriction could survive a reasonableness inquiry under Mansky—because I’m not sure that any policymaker could define or identify “religious” speech using “objective, workable standards.”

Judge Grimberg filed a concurring opinion, saying in part:

By constructing a policy that is so clearly and completely incapable of reasonable application, HART has successfully evaded a ruling on the viewpoint-versus-subject-matter dispute that is at the heart of this case. And that evaded ruling, in my view, has long been settled by the Supreme Court’s “trilogy” of cases....

Where the same advertisement, with the same content is welcomed when references to religion are removed and replaced with secular ones, I see no way around concluding ... that the public transportation system engaged in unconstitutional viewpoint discrimination.

See prior related posting.

Friday, December 15, 2023

Florida Transgender Teachers Challenge Law That Bars Them from Using Their Preferred Pronouns

Suit was filed this week in a Florida federal district court by three current and former Florida public-school teachers who identify as transgender or non-binary. They challenge a provision of Florida law that bars K-12 teachers from providing students with the teacher's preferred title or pronouns if they do not reflect the teacher's biological sex. The 61-page complaint (full text) in Wood v. Florida Department of Education, (ND FL, filed 12/13/2023) alleges in part:

[The statute] unlawfully discriminates against Plaintiffs on the basis of sex in violation of 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 because whether Plaintiffs may provide to students a particular title or pronoun depends entirely on Plaintiffs’ sex, and Florida has only an invidious basis—not an exceedingly persuasive or even a rational one—for discriminating in this harmful way. It also unconstitutionally restrains Plaintiffs’ speech in violation of the Free Speech Clause of the First Amendment to the U.S. Constitution because it prohibits Plaintiffs from using the titles and pronouns that express who they are, the same way that their colleagues do.

The Hill reports on the lawsuit.

Monday, September 11, 2023

Florida Supreme Court Hears Arguments On 15-Week Abortion Ban

On Friday the Florida Supreme Court heard oral arguments (video of full oral arguments) in Planned Parenthood of Southwest and Central Florida v. State of Florida, (FL Sup. Ct., 9/8/2-23). At issue in the case is a state constitutional challenge to Florida's 15-week abortion ban.  The Florida Supreme Court has links to all the pleadings and briefs in the case.

Friday, September 08, 2023

Consent Decree Affirms Public Accommodation Law Exemption for Catholic Bookstore

 A Florida federal district court entered a Consent Order (full text) yesterday in The Catholic Store, Inc. v. City of Jacksonville, (MD FL, Sept. 7, 2023).  The Order concludes that plaintiff, a privately-owned, for-profit Catholic bookstore qualifies for the religious-organization exemption in Jacksonville, Florida's public accommodation law. This exempts the bookstore from the non-discrimination provisions relating to sexual orientation and gender identity. In its original complaint, the store contended that the public accommodation law would have required that employees address customers using their preferred pronouns and titles, regardless of their biological sex. The store also said it wants to post its Catholic beliefs about sexuality on its website and on social media. (See prior posting.) ADF issued a press release announcing the settlement in the case.

Thursday, August 10, 2023

11th Circuit: PLRA Exhaustion Requirement Does Not Include Filing of Rule Change Petition

In Sims v. Secretary, Florida Department of Corrections,(11th Cir., July 31, 2023), the U.S. 11th Circuit Court of Appeals held that the Prison Litigation Reform Act's requirement that prisoners exhaust available administrative remedies before filing suit only requires exhaustion of the prison system's grievance process.  A prisoner does not also have to file a petition with the Department of Corrections seeking a change in its rules.  At issue was the Florida prison system's denial of a request by a Muslim inmate for an exemption from grooming rules that require beards be no longer than one-half inch.

Friday, June 23, 2023

Florida's Ban On Medicaid Payments For Puberty Blockers and Cross-Sex Hormones Is Invalid

In Dekker v. Weida, (ND FL, June 31, 2023), a Florida federal district court held that Florida Statutes §286.31(2) and Florida Administrative Code Rule 59G-1.050(7) which bar the expenditure of state funds, including Medicaid funds, for puberty blockers and cross-sex hormones violate the Equal Protection Clause and the Affordable Care Act's ban on sex discrimination, as well as provisions of the Medicaid Act. The statute and rule also ban Medicaid coverage for gender-affirming surgery, but none of the plaintiffs had standing to challenge these provisions. The court said in part:

The record establishes that for some minors, including Susan Doe and K.F., a treatment regimen of mental-health therapy followed by GnRH agonists and eventually by cross-sex hormones is the best available treatment. They and their parents, in consultation with their doctors and multidisciplinary teams, have rationally chosen this treatment. The State of Florida’s decision to ban payment for GnRH agonists and cross-sex hormones for transgender individuals is not rationally related to a legitimate state interest. 

Dissuading a person from conforming to the person’s gender identity rather than to the person’s natal sex is not a legitimate state interest. The defendants apparently acknowledge this. But the State’s disapproval of transgender status—of a person’s gender identity when it does not match the person’s natal sex—was a substantial motivating factor in enactment of the challenged rule and statute....

The rule and statute at issue were motivated in substantial part by the plainly illegitimate purposes of disapproving transgender status and discouraging individuals from pursuing their honest gender identities. This was purposeful discrimination against transgenders....

Florida Politics reports on the decision.

Monday, June 12, 2023

Court Tells Catholic Bookstore to Litigate Over Religious Organization Exception to Nondiscrimination Law

In The Catholic Bookstore, Inc. v. City of Jacksonville, (MD FL, June 9, 2023), a Florida federal district court found that a Catholic bookstore has standing to challenge Jacksonville's Human Rights Ordinance on free speech grounds.  It also concluded that the claim is ripe. The bookstore wants to publicize its policy requiring its staff to address co-workers and customers only by "pronouns and titles that align with the biologically originating sex of the person being referenced...." The city's Ordinance provides in part that it is unlawful to publish, circulate or display any communication indicating that service will be denied, or that patronage is unwelcome from a person because of sexual orientation or gender identity. The court, however, concluded that it is unclear whether the Human Rights Ordinance's religious organization exception applies to the bookstore.  The court went on to deny plaintiff's motion for a preliminary injunction, dismiss plaintiff's complaint without prejudice, and ordered plaintiff to file an amended complaint followed by a motion for summary judgment limited to the religious exception issue so it can resolve that issue before dealing with the rest of the case.

Thursday, June 08, 2023

Court Enjoins Enforcement of Florida's Ban on Treatment of Gender Dysphoria in Minors

In Doe v. Ladapo, (ND FL, June 6, 2023), a Florida federal district court issued a preliminary injunction barring Florida from enforcing against plaintiffs its ban on puberty blockers and cross-sex hormones for treating minors who have gender dysphoria. The court said in part:

The elephant in the room should be noted at the outset. Gender identity is real. The record makes this clear. The medical defendants, speaking through their attorneys, have admitted it. At least one defense expert also has admitted it....

Despite the defense admissions, there are those who believe that cisgender individuals properly adhere to their natal sex and that transgender individuals have inappropriately chosen a contrary gender identity, male or female, just as one might choose whether to read Shakespeare or Grisham....

Addressing plaintiffs' equal protection challenge, the court said in part that "Drawing a line based on gender nonconformity—this includes transgender status—... triggers intermediate scrutiny." The court went on to say in part:

The record establishes that for some patients, including the three now at issue, a treatment regimen of mental-health therapy followed by GnRH agonists and eventually by cross-sex hormones is the best available treatment. These patients and their parents, in consultation with their doctors and multidisciplinary teams, have rationally chosen this treatment. The State of Florida’s decision to ban the treatment is not rationally related to a legitimate state interest. 

Dissuading a person from conforming to the person’s gender identity rather than to the person’s natal sex is not a legitimate state interest....

The defendants say the many professional organizations that have endorsed treatment of gender dysphoria with GnRH agonists and hormones all have it wrong. The defendants say, in effect, that the organizations were dominated by individuals who pursued good politics, not good medicine. 

If ever a pot called a kettle black, it is here. The statute and the rules were an exercise in politics, not good medicine.

Human Rights Campaign issued a press release announcing the decision.

Tuesday, June 06, 2023

Miami Beach Settles Synagogue's Zoning Harassment Lawsuit for $1.3M

Miami Herald reports that a dispute between the Orthodox Jewish Congregation Bais Yeshaya D’Kerestir and Miami Beach, Florida zoning officials that was scheduled to go to trial in federal court yesterday has been settled, with the city agreeing to pay the Congregation $1.3 million on its 1st Amendment Code enforcement harassment lawsuit. (The city has already spent $1.7 million in legal fees on the case.) The city claimed that the 4-bedroom property at issue was operating as a synagogue in an area zoned residential. According to the Miami Herald:

People pray at the home daily, including for a minyan that requires at least 10 Jewish men to be present, according to the congregation. The congregation and its rabbi, Arie Wohl, argued that those prayer sessions — which sometimes include dozens of people, according to the city — are invitation-only and therefore constitute “private prayer.” 

“Just as any homeowner may invite friends for a Cub Scout meeting or a book club, Plaintiff and the full-time resident invite friends and family to join them for private prayer in their home,” the federal lawsuit says.

But the city says activity at the home went beyond private prayer. Code enforcement officers, using body-worn cameras, said they found evidence the house was operating as a synagogue, including an industrial-size coffee urn, a community bulletin board and benches for up to 30 people.

As part of the settlement agreement, the Congregation has agreed not to seek a religious tax exemption for the property in the future, and to restrict parking and use of outdoor speakers. The settlement also covered a related state court lawsuit.

Saturday, May 27, 2023

New Florida Law Allows Courts to Take Jurisdiction Over Minors Undergoing Gender Transition Treatment

On May 17, Florida Governor Ron DeSantis signed Senate Bill 254 (full text) which prohibits sex reassignment prescriptions or procedures for individuals under 18 years of age. It also allows Florida courts to take jurisdiction over a child who is present in the state when the child "has been subjected to or is threatened with being subjected to sex-reassignment prescriptions or procedures," and allows a parent to seek emergency custody of a child that is being subjected to sex reassignment prescriptions or surgery.  The new law also imposes informed consent procedures for sex-reassignment prescriptions or procedures for adults. Politifact discusses the reach of the new law. (Update: It is part of a 5-bill package (see prior posting.)

Friday, May 19, 2023

Florida Governor Signs 5 Bills Labeled As "Protecting Innocence of Florida's Children"

On Wednesday, Florida Governor Ron DeSantis signed 5 bills into law which a press release from the governor's office described as "legislation to protect the innocence of Florida's children." 

  • Senate Bill 254 (full text) prohibits sex-reassignment prescriptions or procedures for individuals under 18 years of age.
  • House Bill 1069 (full text) prohibits K-12 schools from asking students to provide their preferred title or pronoun; prohibits requiring employees or students to refer to others by their preferred pronouns; and prohibits employees from providing their preferred title or pronoun to any student if the title or pronoun does not correspond to the person's biological sex.
  • Senate Bill 1438 (full text) prohibits admitting children to sexually explicit adult performances that are pornographic for children. A summary of the bills released by the governor's office says that this includes a ban on admitting children to drag shows.
  • House Bill 1521 (full text) requires individual to use restrooms and changing facilities that correspond to their biological sex in educational institutions, correctional institutions and public buildings.
  • House Bill 225 (full text) allows charter and online school students to participate in extracurricular activities at public or private schools. It also provides that high school athletic associations that include public schools must allow any school participating in a championship contest to make 2-minute opening remarks using the public address system. It goes on to provide:

The athletic association may not control, monitor, or review the content of the opening remarks and may not control the school’s choice of speaker. Member schools may not provide remarks that are derogatory, rude, or threatening. Before the opening remarks, an announcement must be made that the content of any opening remarks by a participating school is not endorsed by and does not reflect the views and or opinions of the athletic association.... 

A summary of the bills released by the governor's office says that this includes the right to offer public prayer at high school sporting events.

The Washington Stand has additional reporting on the bill signings.

Friday, May 12, 2023

New Florida Law Protects Conscience Rights of Health Care Providers

 Yesterday Florida Governor Ron DeSantis signed Senate Bill 1580 (full text) which protects conscience rights of health care providers and insurers. The law provides in part:

It is the intent of the Legislature to provide the right of medical conscience for health care providers and payors to ensure they can care for patients in a manner consistent with their moral, ethical, and religious convictions. Further, it is the intent of the Legislature that licensed health care providers and payors be free from threat of discrimination for providing conscience-based health care....

 A health care provider or health care payor has the right to opt out of participation in or payment for any health care service on the basis of a conscience-based objection....

A board ... may not take disciplinary action against a health care practitioner’s license or deny a license to an individual solely because the individual has spoken or written publicly about a health care service or public policy, including, but not limited to, speech through the use of a social media platform ... provided that the individual is not using such speech or written communication to provide medical advice or treatment to a specific patient or patients....

Pensacola News Journal reports on the new law.

Friday, April 28, 2023

Florida Enacts Ban on Religious and Ethnic Intimidation

NBC News reports that Florida Governor Ron DeSantis, while in Israel, signed CS/CS/HB269 a bill (full text) that amends Florida's Public Nuisances law to prohibit threats and intimidation of various sorts. Among the provisions added by the new law is the following:

A person may not willfully and maliciously harass or intimidate another person based on the person's wearing or displaying of any indicia relating to any religious or ethnic heritage.

The law provides for enhanced sanctions if a person "in the course of committing the violation makes a credible threat to the person who is the subject of the harassment or intimidation...."

Friday, April 21, 2023

Suit By Florida Breakaway Methodist Churches Is Dismissed

In Grace United Methodist Church Inc. v. Board of Trustees of FL Annual Conf of UMC Inc., (FL Cir. Ct., April 18, 2023). a Florida state trial court dismissed a suit by 71 Methodist congregations throughout Florida which seek to break away from their parent body because of their objections to United Methodist Church allowing bishops and clergy to officiate at same-sex weddings and to be openly gay. The congregations want to reaffiliate with the more conservative Global Methodist Church. Current UMC rules impose substantial financial costs on congregations seeking to disaffiliate. The court concluded that, under Florida precedent, it must defer to decisions of church hierarchical bodies. It also concluded that actions to determine title to property must be brought in local courts covering the jurisdiction in which the property is located. The court added:

[C]onsidering the recent clarifications from the Supreme Court of the United States on matters of discrimination and unequal treatment based on religious status, along with the abrogation of Lemon v. Kurtzman ... it seems to the Court that merely deferring to the UMC on all matters and denying the Plaintiffs access to the courts to litigate neutral property and trust matters does not meet the strictest scrutiny. Nevertheless, the Court is bound to follow the law as established by the higher courts in the State of Florida.

UM News reports on the decision.

Friday, April 14, 2023

Florida Enacts More Restrictive Abortion Law

Yesterday, Florida Governor Ron DeSantis signed SB 300 (full text) which bans abortions after 6 weeks of pregnancy, amending the state's prior law that permitted abortions until 15 weeks.  Under the new law, exceptions remain for saving the mother's life or preventing imminent substantial and irreversible physical impairment of a major bodily function other than a psychological condition. There are also exceptions before the third trimester where the fetus has a fatal fetal abnormality, and during the first 15 weeks in cases of documented rape, incest or human trafficking.  A press release from the Governor's office announcing the signing or the said in part:

While other states like California and New York have legalized infanticide up until birth, Governor DeSantis has enacted historic measures to defend the dignity of human life and transform Florida into a pro-family state.

The White House issued a statement sharply criticizing the bill.  CNN reports on the new law.

Friday, March 31, 2023

Militant Pro-Abortion Group Sued Under Access to Clinic Act

Suit was filed this week in a Florida federal district court against a militant abortion rights group by a pro-life pregnancy counseling and medical clinic that was vandalized and whose fundraising gala was disrupted by the group.  The complaint (full text) in Heartbeat of Miami, Inc. v. Jane's Revenge, (MD FL, filed 3/29/2023), charges violations of the Freedom of Access to Clinic Entrances Act, trespass, civil conspiracy and violation of the Florida RICO statute.

At the same time, Florida's attorney-general filed suit in the same court against two members of the organization who allegedly participated attacks against three abortion counseling centers in Florida. The complaint (full text) in Moody v. Freestone, (MD FL, filed 3/29/2023), seeks an injunction and civil penalties, invoking the Freedom of Access to Clinic Entrances Act.

Daily Signal and Fox News report on the lawsuits.

Tuesday, March 28, 2023

New Florida Law Expands Eligibility for School Vouchers

Florida Governor Ron DeSantis yesterday signed HB1 (full text) into law. The law expands eligibility for school vouchers which were previously limited to low-income families. Now low-income families have a priority, but others are eligible as well. The House of Representatives Staff Analysis of the Bill says in part:

For decades, Florida has been a national leader in providing high quality education options for its parents and students. In addition to a myriad of public options, Florida offers scholarship programs that allow parents of eligible students to register and attend private schools that may better serve a student’s particular needs or to provide educational options for students with disabilities. These programs primarily consist of the Florida Tax Credit Scholarship (FTC), the Family Empowerment Scholarship for students attending private school (FES-EO), and the Family Empowerment Scholarship for students with disabilities (FES-UA)....

The bill expands eligibility for the FTC and FES-EO scholarships to any student who is a resident of Florida and is eligible to enroll in kindergarten through grade 12 in a public school.... The bill retains the priority for FTC and FES-EO scholarships for those students whose household income does not exceed 185 percent of the federal poverty level (FPL) and creates a second priority for households with income not exceeding 400 percent of the FPL.

Under the bill, each parent of an eligible student will receive an empowerment savings account to choose among a variety of options to customize their child’s K-12 education. The bill expands the scope of authorized uses for scholarships....

News Service of Florida reports on the new law.