Challenge to Florida’s ‘Don’t Say Gay’ Law Thrown Out by Judge

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10/04/2022

A federal court in Florida dismissed a challenge to the state’s “don’t say gay” law last week, but left open the possibility the case could be refiled in the future. In a 25-page opinion issued last Thursday, U.S. District Judge Allen Winsor, who was appointed to the bench by former President Donald Trump, found the plaintiffs Equality Florida, Family Equality, and a group of teachers, students, and parents had not established standing to file the case. “The principal problem is that most of plaintiffs’ alleged harm is not plausibly tied to the law’s enforcement so much as the law’s very existence,” wrote Winsor, noting no injunction issued by a court could resolve that issue.

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