A federal appellate court panel heard arguments on Tuesday in a case challenging a Florida law that requires educators to use pronouns aligned with their sex assigned at birth. The case has drawn national attention, including from the Biden administration, teachers unions, and LGBTQ advocates.
The state is appealing a decision by Chief U.S. District Judge Mark Walker, who issued a preliminary injunction blocking the enforcement of the 2023 law against transgender Hillsborough County teacher Katie Wood. The lawsuit claims the law violates teachers’ First Amendment rights and federal civil rights protections.
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During the hearing at the 11th U.S. Circuit Court of Appeals in Birmingham, Alabama, state attorney Brian Weir argued that governments have the right to regulate teacher speech in the classroom, stating, “This case raises the question of whether governments can control teacher speech conveyed directly to students.”
Judge Adalberto Jordan challenged Weir with hypothetical scenarios, questioning whether the government has the authority to mandate how teachers refer to themselves. He posed an example of requiring teachers to use the title “comrade” to promote socialism and asked if this would violate the First Amendment.
Weir contended that school boards can regulate teacher titles, such as requiring the use of “Mr.” or “Mrs.” instead of first names. However, Jordan pushed back, saying, “The First Amendment is full of doctrine and nuances… you can’t justify everything under one broad rule.”
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The law in question, part of a broader effort by Governor Ron DeSantis and Republican lawmakers to regulate policies related to transgender people, prohibits school employees from using titles or pronouns that don’t align with their sex assigned at birth. Educators who violate the law can face termination.
Wood’s attorney, Samuel Boyd, argued that the law infringes on teachers’ rights to express their identities. Wood wants to inform her students how she prefers to be addressed, and correct any misgendering, Boyd explained, likening it to a teacher correcting a student who uses the wrong name.
The Florida law has been part of a series of controversial measures aimed at the LGBTQ community, including bans on trans minors receiving puberty blockers and hormone therapy. The state has paid more than $676,000 to a Virginia-based law firm to represent Florida education officials in the lawsuit, with a $1 million contract approved in September.
In its defense, the state argues that public-school systems have the authority to regulate employee speech, especially in classroom settings, claiming the law supports educational policies and limits disruption.
The Biden administration’s Department of Justice has filed a brief supporting the challenge, arguing the law violates Title VII of the Civil Rights Act by discriminating based on sex. They emphasized that the mandatory nature of the pronoun policy makes it a condition of employment, which cannot lawfully discriminate.
The case is expected to be closely watched as it could set significant legal precedents regarding free speech and LGBTQ rights in the workplace.
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