Judge hears challenge to state teacher pronoun law

TALLAHASSEE — A federal judge on Friday heard arguments in a court battle over a law restricting educators’ use of personal pronouns and titles in schools, one of a series of challenges to Florida policies targeting LGBTQ people.

Plaintiffs Katie Wood, a transgender Hillsborough County teacher, and AV Schwandes, a nonbinary teacher fired last year by Florida Virtual School, are seeking preliminary injunctions as part of a lawsuit challenging the 2023 law, passed by the Republican-controlled Legislature and signed by Gov. Ron DeSantis.

The challenge alleges the law violates the teachers’ First Amendment rights and runs afoul of a federal civil rights law.

Attorneys for the Florida Department of Education and other defendants asked Chief U.S. District Judge Mark Walker to dismiss the lawsuit.

The case centers on part of the 2023 law that says a school employee “may not provide to a student his or her preferred personal title or pronouns if such preferred personal title or pronouns do not correspond to his or her sex.” The state defines sex as what was assigned at birth.

The law is intended to avoid confusion “about the immutable, biological nature of sex,” attorneys for the state argued in a motion to dismiss the lawsuit.

A preliminary injunction motion filed by Wood said she has been prevented from using the title “Ms.” and “she/her” pronouns.

Sam Boyd, an attorney for the Southern Poverty Law Center who represents the plaintiffs, argued that it was “absurd” to maintain that a “law that requires a teacher who identifies as and presents as a woman to

But Brian Weir, who represents the state, said the law was not intended to discriminate against anyone.

“Sex, like race and national origin, is an immutable characteristic determined solely by accident of birth,” Weir said, quoting from previous court rulings.

Schwandes, who uses they/ them pronouns, was fired in October after refusing to comply with the pronoun restriction. According to the lawsuit, Schwandes, who used the courtesy title of Mx. in class materials, is now the subject of an investigation by state education officials and could be stripped of their license.

Wood, who has worked as a teacher in Hillsborough County since 2021, transitioned as a woman around 2020, had her name legally changed and lives as a woman, the lawsuit said. The state issued a teaching certificate in her legal name, Katie Wood. According to the lawsuit, county officials initially “were supportive of her transgender status and her female gender identity and expression.”

Since the law went into effect, the principal at Wood’s school and the county school board told her she could no longer be called “Ms.” because “her sex is deemed male.” The officials told Wood she could use the titles “Mr.,” “Teacher,” or “Coach.”

In addition to the First Amendment, the lawsuit alleges that the pronoun restrictions violate what is known as Title VII of the Civil Rights Act of 1964 because they discriminate based on sex.

The state has contracted to pay the Consovoy McCarthy PLLC firm up to $507,430 for legal costs associated with the lawsuit and any subsequent appeals, according to the Department of Financial Services website.

Walker did not rule on the motions and said he has trials scheduled for the next month but would “do my best to get out an order as quickly as possible.”