Trans and Non-Binary Activists Challenge Florida Bathroom Ban as Unconstitutional Prior to National March
Temporary restraining order seeks to safeguard rights during October 7 National March to Protect Trans Youth in orlando, fl
September 29, 2023 – Today, Southern Legal Counsel and the Center for Constitutional Rights filed a federal lawsuit on behalf of a group of trans and non-binary activists asking a federal court to declare Florida’s bathroom ban unconstitutional and to issue a temporary restraining order (TRO) prohibiting authorities from enforcing it against them while they are in Florida in the coming weeks. The temporary restraining order would allow the plaintiffs to use public bathrooms that align with their gender identity as they travel to, participate in, and return from the National March to Protect Trans Youth in Orlando on October 7. The lawsuit is Women in Struggle, et al., v. Bain. et al., Case No. 6:23-cv-01887 (M.D. Fla. 2023).
Plaintiff Christynne Wood issued the following statement in a press release for the march: “This year began with my being targeted by an organized campaign of hatred and lies challenging my legal rights to use the women’s locker room at the Cameron YMCA in Santee, California. Because of the love and support of my community, I was empowered with the strength to stand in a very public, televised forum and call out the lies of the racist, transphobic bigots and religious zealots that sought to vilify me. And I’m bringing that love, confidence, and support to my beloved rainbow family in Florida.”
Under Governor Ron DeSantis, Florida has been at the forefront of a national movement to legislate against trans rights. In May, DeSantis signed four anti-trans bills, including the bathroom ban, which, plaintiffs say, violates their rights to free expression, equal protection, and non-discrimination. The lead defendant is Andrew Bain, the State Attorney for the Ninth Judicial Circuit in Florida. DeSantis appointed Bain last month to replace Monique Worrell, whom he removed, in part, because she signed a statement pledging not to prosecute people accused of transgender-related “crimes.”
Plaintiffs include the organization “Women in Struggle,” a collective dedicated to the empowerment and advancement of all women; Melinda Butterfield, a 52-year-old transgender woman traveling from New York City; Anaïs Kochan, a 52-year-old transgender woman traveling from Boston; Tsukuru Fors, a 52-year-old nonbinary person traveling from West Hollywood, California; Lindsey Spero, a 26-year-old non-binary person from Pinellas County, Florida; and Ms. Wood, a 67-year-old transgender woman traveling from Lakeside, California.
Florida’s HB 1521, which forces trans, gender-nonconforming, and certain intersex people (TGNCI people) to risk arrest for using the bathroom consistent with their gender identity, is legally impermissible because it denies TGNCI people basic freedoms afforded others.
“The bathroom ban is yet another unconstitutional and politically-motivated maneuver in the state of Florida’s relentless, multi-faceted attack on the rights, lives, and dignity of transgender Floridians,” said Simone Chriss, Director of the Transgender Rights Initiative at Southern Legal Counsel. “SLC denounces the state’s weaponization of fear and misinformation to strip away the rights of TGNCI Floridians under the guise of protecting others, and we are honored to stand beside the brave plaintiffs and all others who plan to travel to Florida to speak out and stand up for trans rights on October 7th!”
Ms. Butterfield, of the plaintiff organization Women in Struggle, issued the following statement in a press release: “A protest like this is long overdue. The divide-and-conquer measures of Ron DeSantis, the Florida legislature, and their wealthy backers are echoed in states across the country: banning gender-affirming healthcare, suppressing free speech for queer students and teachers, throttling Pride celebrations and drag performances, banning trans people from using restrooms, and threatening to kidnap trans youth from supportive parents. DeSantis’s racist abuse of immigrants, the Black community, and other marginalized groups has contributed to crimes like the recent white supremacist murder of three Black people in Jacksonville, Florida.”
Ms. Butterfield, who is also the finance manager at the Center for Constitutional Rights, will fly to Orlando on October 2 and spend the week helping to prepare for the march. The ban not only denies her the right to live in accordance with her gender; it also impedes her ability to contribute to a First Amendment-protected march.
The march comes in response to a raft of state laws across the country restricting trans rights, part of a broader effort to demonize trans people for political purposes: in 2023, 568 anti-trans bills were introduced in 49 states. This isn’t the first of DeSantis’ animus-driven laws targeting the trans community that Florida-based organization Southern Legal Counsel has taken on. They successfully challenged and struck down Florida’s Medicaid ban, which categorically excluded treatments for gender dysphoria for all transgender Medicaid beneficiaries; and obtained a preliminary injunction blocking enforcement of SB 254 and the Boards of Medicine bans on gender-affirming care for minors in Florida.
Said Zee Scout, a Bertha Justice Fellow and attorney at the Center for Constitutional Rights, “The State of Florida believes it can eradicate the lives and identities of trans, gender nonconforming, intersex, and queer people through numerous pieces of legislation, including Fla. Stat. § 553.865, otherwise known as the bathroom ban. But this law is an unconstitutional reaction to the growing acceptance of these communities. The state cannot erase viewpoints that it dislikes. It cannot force people to accept its idea of sex and gender. And it cannot demonize these communities by referring to them as ‘demons,’ ‘mutants,’ and ‘imps.’ This lawsuit is a message that trans, intersex, and queer people nationwide will not tolerate this discriminatory behavior against their siblings in Florida or anywhere.”
For more information on Women in Struggle v. Bain, see the Center for Constitutional Rights case page.
Southern Legal Counsel, Inc. (SLC) is a Florida statewide not-for-profit public interest law firm that is committed to the ideal of equal justice for all and the attainment of basic human and civil rights. SLC's Transgender Rights Initiative protects the rights of Florida's LGBTQ+ community through federal impact litigation, policy advocacy, and individual representation.
The Center for Constitutional Rights works with communities under threat to fight for justice and liberation through litigation, advocacy, and strategic communications. Since 1966, the Center for Constitutional Rights has taken on oppressive systems of power, including structural racism, gender oppression, economic inequity, and governmental overreach. Follow the Center for Constitutional Rights on social media: Center for Constitutional Rights on Facebook, @theCCR on Twitter, and ccrjustice on Instagram.