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Judge tosses challenge to Florida's 'Don't Say Gay' bill

For the second time in about a month, a lawsuit challenging Florida’s so-called “don’t say gay” legislation that restricts teaching on gender identity and sexual orientation in schools has been dismissed by a federal judge

By MIKE SCHNEIDER
Published - Oct 21, 2022, 05:14 PM ET
Last Updated - Jun 24, 2023, 01:55 AM EDT

ORLANDO, Fla. (AP) — For the second time in about a month, a lawsuit challenging Florida's so-called “don't say gay" legislation restricting teaching on gender identity and sexual orientation in schools has been dismissed by a federal judge.

U.S. District Judge Wendy Berger in Orlando on Thursday dismissed a lawsuit brought by LGBTQ students, parents and their families — as well as several civil rights groups — and refused their request for a preliminary injunction to stop the law from being implemented. The judge gave the plaintiffs until Nov. 3 to file an amended lawsuit if they desired.

The lawsuit in Orlando named as defendants several Florida school boards charged with implementing the law, which bans lessons on sexual orientation and gender identity in kindergarten through third grade as well as material that is not deemed age-appropriate. The lawsuit claimed the law had violated the plaintiffs' constitutional rights by chilling their ability to talk about their LGBTQ families in school settings. The judge disagreed.

“Plaintiffs have not directed this Court to any fact that would lead a reasonable person to believe that the law prohibits students from discussing their families and vacations at school or even on a school assignment, or that it would prohibit a parent from attending a school function in a ‘pride’ t-shirt or generally discussing their family structure in front of other people,” wrote Berger, a nominee of former President Donald Trump.

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