BREAKING: Florida Senate Passes "Don't Say Gay or Trans" Bill, Legislation Heads to DeSantis' Desk for Signature or Veto

The Human Rights Campaign Urges the Governor to Strike Down HB 1557

Washington, D.C. - March 8, 2022 - Today, the Florida Senate passed the "Don't Say Gay or Trans" bill (HB 1557), and it now heads to Governor Ron DeSantis' desk for his signature or veto. If enacted, the bill would prevent teachers from providing a safe, inclusive classroom for all. It would block teachers from talking about LGBTQ+ issues or people, further stigmatizing LGBTQ+ people and isolating LGBTQ+ kids. This bill would also undermine existing protections for LGBTQ+ students.

"The Florida state legislature is playing a dangerous political game with the health and safety of LGBTQ+ kids. The existence of LGBTQ+ people across Florida is not up for debate. We are proud parents, students, and teachers, and LGBTQ+ people deserve to exist boldly, just like everyone else," said Cathryn M. Oakley, State Legislative Director and Senior Counsel at the Human Rights Campaign. "Discriminatory pieces of legislation like the 'Don't Say Gay or Trans' bill don't solve any critical issues in Florida. Instead, these bills shamefully attack and endanger LGBTQ+ students who are just trying to get a quality education, whom the state has an obligation to treat fairly and protect. LGBTQ+ Floridians are more than twice as likely to experience depression or anxiety compared to non-LGBT Floridians. Governor DeSantis must veto HB 1557."

According to the Public Opinion Research Lab (PORL) at the University of North Florida, 49% of Floridians oppose the legislation while only 40% support it. Opposition for the bill is even stronger in younger populations. A majority of Floridians between the ages of 18 and 24 - recent secondary school graduates - disapprove of efforts to erase LGBTQ+ people in classrooms.

The legislative fight to pass discriminatory anti-transgender legislation has already been fast and furious this year, led by national groups aiming to stymie LGBTQ+ progress made on the national level and in many states. There are so far more than 266 anti-LGBTQ+ bills under consideration in state legislatures across the country. Of those, at least 125 directly target transgender people and nearly half of those (57+ bills) would ban trans youth from participating in school sports consistent with their gender identity.

The Human Rights Campaign also opposes the "Stop WOKE Act" (HB 7), another dangerous bill that is currently under Senate committee consideration. If enacted, this bill would limit protected speech in workplaces with more than fifteen employees and classrooms by censoring honest dialogue about systemic racism, gender, and race discrimination. It would also change Florida's employment discrimination statutes to give employees the ability to file discrimination claims against an employer engaging in trainings or discussions about Black history, LGBTQ+ issues, and other concepts of injustice and discrimination.

Legislative Attacks on LGBTQ+ People

• In 2021, 25 anti-LGBTQ+ bills were enacted in states across the country - 13 of which were anti-transgender laws across 8 states - making it the worst year on record for anti-LGBTQ+ legislation.
• More than 290 anti-LGBTQ bills were introduced across 33 states in 2021, including more than 140 specifically anti-transgender bills. Each of these marks set a new record for anti-equality legislation being introduced and enacted in a single state legislative session since the Human Rights Campaign began tracking legislation.

A Coordinated, National Effort to Fear Monger and Marginalize LGBTQ+ People

• Groups like the Heritage Foundation, Alliance Defending Freedom, Eagle Forum, and others are at the helm of this effort, seeking to use LGBTQ+ rights as a political wedge.
• These bills are the result of a concerted effort by right-wing organizations that have been battling against LGBTQ+ progress for years. Across recent elections, one of the key anti-equality groups working to turn back decades of LGBTQ+ progress has been the American Principles Project (APP). APP and its chief underwriter Sam Fieler have invested millions of dollars in support of anti-LGBTQ+ candidates. In 2020, APP spent more than $2.6 million in ad spending in support of anti-equality candidates. In Virginia in 2021, APP spent at least $300,000 on digital advertising in support of Glenn Youngkin's gubernatorial campaign.
• Restoration PAC, run and funded by major anti-LGBTQ+ bankroller Dick Uihlein, spent at least $1.9 million in advertising across Virginia in support of Youngkin and donated $942,000 to the political arm of anti-abortion group Women Speak Out Virginia. Anti-equality group Free to Learn Action launched a $1 million ad campaign spreading widely debunked anti-transgender misinformation in support of Youngkin's campaign.

Anti-Transgender Attacks As A Political Talking Point

• Legislators in a record 34 states introduced 147 anti-transgender bills in 2021, focusing on discriminatory anti-equality measures to drive a wedge between their constituents and score short-term political points. In 2021, legislators in twelve states enacted anti-LGBTQ+ bills despite failing to provide examples of what exactly they were legislating against.
• Merely introducing anti-transgender bills and peddling anti-transgender rhetoric has already had a damaging impact, leading to LGBTQ+ youth resources being surreptitiously removed from a government website, 11-year old kids literally having trouble sleeping, and a school district banning graphic novels with a transgender character after a parent's complaint. 2021 and 2020 were the deadliest and second deadliest years on record for trans & gender non-conforming people respectively, with the Human Rights Campaign tracking at least 50 violent deaths in 2021 alone. A new Trevor Project survey shows that a startling 85% of transgender or gender non-binary youth say their mental health has been negatively affected by these legislative attacks.
• Anti-transgender content on social media is also a radicalizing issue all by itself. This is in large part because transgender young people are among the most marginalized, voiceless, and defenseless communities in America, and because right-wing arguments play on long-standing misogynistic, racist, and sexist tropes about gender roles.

Businesses, Advocacy Groups, and Athletes Oppose Anti-Trans Legislation

• More than 150 major U.S. corporations have stood up and spoken out to oppose anti-transgender legislation being proposed in states across the country. Companies like Amazon, American Airlines, Apple, AT&T, AirBnB, Dell, Dow, Google, IBM, Lyft, Marriott, Microsoft, Nike, and Paypal have objected to these bills. Four of the largest U.S. food companies also condemned "dangerous, discriminatory legislation that serves as an attack on LGBTQ+ individuals, particularly transgender and nonbinary people," and the Walton Family Foundation issued a statement expressing "alarm" at the trend of anti-transgender legislation that recently became law in Arkansas.
• Many are rightly protective of the legacy of women's sports in this country, and a robust Title IX is central to that legacy. Importantly, advocates for women and girls in sports - such as the National Women's Law Center, the Women's Sports Foundation, Women Leaders in College Sports, and others - support trans-inclusive policies and oppose efforts to exclude transgender students from participating in sports. So do prominent female athletes including Billie Jean King, Megan Rapinoe, and Cheryl Reeve. That's because while there are real issues facing women's sports, including a lack of resources devoted to supporting them, transgender participation in athletics is not one of them.
• The nation's leading child health and welfare groups representing more than 7 million youth-serving professionals and more than 1,000 child welfare organizations released an open letter calling for lawmakers in states across the country to oppose dozens of bills that target LGBTQ+ people, and transgender children in particular.
• Nearly 550 college athletes have stood up to anti-transgender legislation by demanding the NCAA pull championships from states that have enacted anti-trans sports laws.

Trans Equality Is Popular Across All Demographics

• The reality is that however sensational and polarizing this issue may seem, public opinion polling across the country showed strong support for trans-inclusive and pro-equality policies:
• Recent PRRI data shows a large majority of Americans (82%) favor laws that protect LGBTQ+ people from discrimination in jobs, public accommodations, and housing, and majorities of Republicans (67%), independents (85%), and Democrats (92%) favor nondiscrimination protections for LGBTQ+ Americans.
• A PBS/NPR/Marist poll states that 67% of Americans, including 66% of Republicans, oppose the anti-transgender sports ban legislation proliferating across 30 states.
• In a 10-swing-state poll conducted by the Human Rights Campaign & Hart Research Group in 2020 showed:

• At least 60% of Trump voters across each of the 10 swing states say transgender people should be able to live freely and openly.
• At least 87% of respondents across each of the 10 swing states say transgender people should have equal access to medical care, with many states breaking 90% support
• When respondents were asked about how they prioritized the importance of banning transgender people from participating in sports as compared to other policy issues, the issue came in dead last, with between 1% and 3% prioritizing the issue.
• Another poll conducted by the Human Rights Campaign & Hart Research Group revealed that, with respect to transgender youth participation in sports, the public's strong inclination is on the side of fairness and equality for transgender student athletes. 73% of voters agree that "sports are important in young people's lives. Young transgender people should be allowed opportunities to participate in a way that is safe and comfortable for them."