Judge blocks Florida from enforcing school pronoun law against transgender teacher

TALLAHASSEE, Fla. – A federal court ruled on Tuesday that Florida cannot enforce part of a 2023 law with provisions restricting how pronouns can be used in schools against one of the teachers who filed suit.

The latest ruling does not block statewide enforcement of the law.

The judge ruled that the teacher had expressed personal pronouns before the 2023 law took effect, according to the Orlando Sentinel, and that she is prevented from expressing them now under “threat of mandatory discipline.”

The case, filed against the Florida Department of Education last year, disputes the enforcement of requiring educators only provide pronouns if they match their biological sex rather than their gender identity.

It was filed by Katie Wood, who is a transgender Hillsborough County teacher, according to the Orlando Sentinel. AV Schwandes, who is a nonbinary teacher previously fired by Florida Virtual School, joined in on the case. Both are seeking a court order blocking the provision’s enforcement against them.

However, only Wood was granted the preliminary injunction, while Schwandes’ request was denied, under the ruling by Chief U.S. District Judge Mark Walker.

The ban, also known as Subsection 3, unlawfully discriminates on the basis of sex and restrains the teachers’ speech, in violation of the U.S. Constitution and civil rights statutes. Under the statute, teachers violating the ban may be fired and lose their teaching certification. Many teachers have already left the profession – and the state – in response to discriminatory laws Florida passed to push LGBTQ+ people out of public life and erase their existence.

Southern Poverty Law Center

The legislation explicitly prohibits public school teachers and educators from giving students their “preferred personal title or pronouns if they do not correspond to [their] sex.”

“Once again, the state of Florida has a First Amendment problem. Of late, it has happened so frequently, some might say you can set your clock by it,” stated Walker’s ruling, per the Sentinel. “This time, the state of Florida declares that it has the absolute authority to redefine your identity if you choose to teach in a public school.”

“This is a classic speech injury — Ms. Wood spoke in the past and wants to speak in the future, but she is deterred by a credible threat of discipline,” Walker said. “This court concludes that Ms. Wood has submitted sufficient evidence to establish an injury-in-fact.”

Walker had denied the injunction for Schwandes, arguing they have not shown evidence state officials are “chill[ing]” Schwandes’ speech.

DeSantis signed the law in May 2023.

“Florida is proud to lead the way in standing up for our children,” the governor said lastyear. “As the world goes mad, Florida represents a refuge of sanity and a citadel of normalcy.”

The 2023 legislation was filed by Sen. Clay Yarborough, R-Jacksonville, and Reps. Stan McClain, R-Ocala, and Adam Anderson, R-Palm Harbor.