Florida's new anti-LGBTQ law has already drawn one legal challenge, but the so-called "don't say gay" legislation is so vaguely worded that it's guaranteed to be a "lawsuit factory."
Gov. Ron DeSantis signed the law last month that restricts classroom discussion of sex and gender and encourages conservative parents to take action against school boards, but lawyers challenging the statute told Washington Post columnist Greg Sargent that liberal parents might use the same tools to challenge the measure itself.
“Given the breadth and vagueness of the statute, parents across the state will inevitably file suit over a huge range of classroom activities,” said attorney Joshua Matz, who is representing parents and LGBTQ groups challenging the measure.
Matz said the law is “guaranteed to be a lawsuit factory” that will create “conflict and discord for years to come," but he said parents who oppose the measure could take action against school boards against classroom references to heterosexuality or cisgenderism.
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“If a teacher can’t assign a story about a young girl who comes home after school to her two mommies,” Matz said, “that teacher also can’t assign a book about a young girl who comes home to her mommy and daddy.”
The law, as written, doesn't directly ban discussions of particular sexual orientations or gender identities so the drafters could claim it's intended to be neutral, but Matz said legal challenges from the left could expose the law's discriminatory intent.
“It will be extremely revealing to see which forms of classroom instruction its sponsors actually believe have been prohibited,” Matz said.
