Florida is no longer safe for LGBTQ+ individuals
(Photo by No Revisions on Unsplash)
May 2023 has been a devastating month for LGBTQ+ rights in Florida.
If it wasn’t enough that the state passed legislation allowing health-care providers to refuse services based on personal beliefs, Governor Ron DeSantis has signed six more anti-LGBTQ+ laws that significantly jeopardize the freedoms of queer and trans Floridians.
The laws range from regulating drag performances to bathroom bans and outlawing gender-affirming care.
One bill, HB 1069, makes it illegal for schools to teach anything around sexual orientation or gender identity through the 8th grade. The extreme move prohibits teachers from talking to, answering questions about, or supporting students who, up until roughly the age of 14, are talking about any topic that could be perceived as being related to LGBTQ+ rights or issues. It will also force teachers and students to misgender and deadname others in classrooms, cafeterias, and on the playground.
The ban, which is an expansion of the infamous "Don’t Say LGBTQ+" bill passed in 2022, isn’t likely to stop there. In April, Florida’s Board of Education voted to expand the bill to all grades.
But that wasn’t far enough for Florida Republicans, who passed SB 266, which would allow the state Board of Governors to dictate whether post-secondary institutions must remove majors and minors in subjects like critical race theory and gender studies.
HB 1521 is yet another anti-trans bathroom bill, but this one targets more than just children.
The legislation criminalizes the ability for trans people to use bathrooms that reflect their gender identity in schools, homeless shelters, hospitals, and even jails.
SB 254 represents an extreme and cruel ban that would criminalize health-care providers who treat patients with gender-affirming care. While the new law is focused on preventing trans youth and adults from seeking gender-affirming care, a broad interpretation of the law could stop doctors from treating issues like low estrogen in women with hormone therapy.
The criminalization of gender-affirming care doesn’t stop there. SB 254 would also withhold Medicaid and public funds from universities, hospitals, cities, and counties from being used to provide gender-affirming care for trans Floridians of all ages.
Additionally, the bill gives the state the power to disregard another state’s custody determination in family court if there is a risk that gender-affirming care could be provided to their child. With a pen and paper, parents in Florida have given the government even more power over their parenting.
Another bill, SB 170, hasn’t been signed by DeSantis. The legislation would make it easier to challenge non-discrimination ordinances in court and, in turn, make it harder for cities to pass diversity and inclusion policies and bylaws.
Six anti-LGBTQ+ bills might not sound like a lot, but according to the Human Rights Campaign (HRC), they represent more laws passed attacking LGBTQ+ rights in the last seven years combined.
The new swath of bills comes weeks after the passage of SB 1580, which allows health-care providers and insurers to deny a patient care based on religious, moral, or ethical beliefs.
Known as a physician "freedom" bill, the HRC believes a more accurate title would be the "license to discriminate in healthcare."
That discrimination doesn’t stop with treatment. It also allows employers to discriminate against LGBTQ candidates during the hiring process while barring medical boards from disciplining doctors.
Effectively overnight, Florida has become measurably less safe for LGBTQ+ people and other vulnerable communities.
More than 500 anti-LGBTQ+ bills introduced in 2023
In a statement, HRC President Kelley Robinson called DeSantis and the Florida Republicans "some of the most anti-LGBTQ+ politicians in America."
"DeSantis has made clear that demonizing LGBTQ+ people will be the center of his legislative agenda and presidential run," Robinson said. "As a result, the rights of millions of Floridians are being rolled back by politicians who are attacking the LGBTQ+ community at a breakneck pace to pander to the most extreme fringes of their base."
Robinson accused DeSantis of "trying to whitewash history" while also using his gubernatorial powers to "punish, erase, or attack" anyone he disagrees with, including Black and LGBTQ+ communities.
"They are denying transgender children and adults access to life-saving, best-practice medical care, contradicting guidelines recommended by every major medical association — representing over 1.3 million doctors in the United States," Robinson added.
What’s happening in Florida might seem extreme, but it’s a possible snapshot of the future of LGBTQ+ rights and freedoms across the entire United States. With 2023 not even half over, HRC has opposed more than 520 anti-LGBTQ+ bills nationwide, with at least 220 of them specifically restricting the rights of trans Americans.
Among the hundreds of bills being tracked by the HRC, 14 states have banned gender-affirming care in 2023 alone. Meanwhile, more than 30 anti-trans bathroom bills have been filed, over 100 anti-LGBTQ+ education censorship bills, and 45 anti-drag performance ban bills.
Kate Gross, legislative director and senior policy counsel of the ACLU of Florida, is speaking out against the health-care discrimination bill, warning it "will disrupt the delivery of health care as we know it" and jeopardize the care of Florida’s over 22 million residents.
In a statement, Gross expressed concerns about the "overly broad" nature of the legislation, which doesn’t just include doctors. It also applies to nurses, pharmacies, hospitals, mental health providers, clinic lab personnel, and even paramedics.
"Does the legislature really want to force private businesses to retain employees who refuse to do their job on the basis of a subjectively held alleged ethical or moral belief?" Gross asked, suggesting the legislation can be exploited on a wide scale.
"There is no definition of moral or ethical in the bill. Who determines what constitutes a sincerely held moral or ethical belief, and more importantly, why should access to health care be denied based on such vague, imprecise, and subjective terms?"