ABOVE: A 2018 trans rights protest in D.C. with HRC. Washington Blade file photo by Michael Key.
BROWARD COUNTY, Fla. | The Human Rights Campaign (HRC) filed a federal lawsuit June 30 against Florida’s law targeting transgender youth who play sports.
Gov. Ron DeSantis signed the anti-LGBTQ Senate Bill 1028 (SB 1028) into law on the first day of Pride Month, banning the vulnerable population from playing sports that align with their gender identity. It went into effect July 1.
The lawsuit was filed by the HRC Foundation, the educational arm of the nation’s largest LGBTQ-focused civil rights organization, on behalf of a 13-year-old student identified as Daisy and her parents, Jessica and Gary N. It describes Daisy as “a rising eighth grader at a middle school in Broward County” who plays sports and “is passionate about soccer.”
Desantis is named as the lawsuit’s first defendant. The Florida High School Athletic Association, Broward County School Board, Broward County Public Schools Superintendent Robert Runcie, Florida State Board of Education and Commissioner of Education Richard Corcoran join the governor.
“Given the unprecedented onslaught of state legislative attacks, we have a responsibility to utilize every tool in our belt to safeguard the LGBTQ community, including suing the states that infringe upon our civil rights,” HURC President Alphonso David said in a statement. “On the first day of Pride Month, a moment of celebration, Governor DeSantis signed a bill into law attacking transgender children—now, on the last day of Pride, we are sending a message to him, and all anti-equality officials, that you cannot target our community without retribution.
“Kids just want to play sports, and are confused about why their state’s leaders, who are elected to represent them, are so determined to hurt them,” he continued. “There is no way to be more clear: transgender children are children; transgender girls are girls; transgender boys are boys; and our community deserves respect, dignity and equal protection under the law.”
The litigation follows action from D.C. On June 16, President Biden’s administration declared that discrimination against LGBTQ students is illegal under federal law. The Education Department shared it would enforce Title IX – which bars discrimination on the basis of sex in schools – to prohibit it on the basis of sexual orientation and gender identity.
Equality Florida, the state’s largest LGBTQ civil rights organization welcomed the president’s support on June 16. “Florida’s Republican leadership repeatedly ignored warnings that their unnecessary and cruel transgender youth sports ban violates Title IX,” they shared.
“For nearly a decade Florida has had clear guidelines on transgender student athlete participation that worked,” they continued. “Bill sponsors could not identify a single issue in Florida under those policies. Republican leadership relied on fear and ignorance to manipulated the legislative process and rush through a bill that pandered to extremists in their base for votes. They are wasting taxpayer money on a law they know violates Title IX, is unconstitutional and serves no purpose.”
The organization further noted that transgender youth “deserve the same opportunities as any other student.”
That includes students like Daisy, HRC stressed. After filing their lawsuit, the organization noted she “has only participated on girls’ sports teams; while some of her teammates and coaches are aware of her transgender identity, others are not. She has enjoyed a supportive school and team environment and continues to play without incident with other teammates, opposing players and coaches or parents of other student athletes.”
“Playing sports makes me feel like I fit in, the thought of not being able to play next year scares me,” Daisy shared in the release. “I’m going to be lonely and sad if I can’t play.”
“It is a very helpless feeling to know that people think our daughter does not deserve the rights to play sports with her friends – she has been playing with them for the last seven years and it has not been an issue,” her parents added. “Taking this right away will only further isolate her from her peers and take away her ‘safe space.’ She is just a girl that wants to play sports with her friends and be part of a team.”
HRC was joined by the law firm of Arnold & Porter in filing the lawsuit. Their pro-bono team is led by Senior Counsel Rosalyn Richter, who noted “our constitutional challenge in support of transgender youth exercising their rights reflects our firm’s longstanding commitment to equality and inclusivity for members of the LGBTQ community.”
Equality Florida quickly applauded HRC’s efforts. “We cannot sit idly by as Republican legislatures make transgender youth the newest target of a campaign of hate and ignorance,” Public Policy Director Jon Harris Maurer said.
“Equality Florida stands with our partners challenging the cruel and unnecessary transgender youth sports ban in Florida and elsewhere,” he continued. “Transgender youth are some of the most at-risk in our community and we will never stop fighting for them.”
The organization also vowed July 1 to “continue the fight on the ground, by making phone calls, sending emails and rallying our elected leaders to take immediate action to reverse the damage.” Meanwhile, HRC announced it will file similar legal challenges across the country to fight similar anti-LGBTQ laws.
Learn more about and support the efforts of both HRC and Equality Florida at HRC.org and EQFL.org.
