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IN-DEPTH: ‘We’re Not Going to Keep Taking It’: Tempers Flare as Florida’s LGBT Community Loses Ground

Florida State Board of Education passes additional laws to further restrict transgender ideology in the education system.

Tempers flared recently as the Florida State Department of Education passed measures to further restrict transgender ideology in the state’s education system.
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IN-DEPTH: ‘We’re Not Going to Keep Taking It’: Tempers Flare as Florida’s LGBT Community Loses Ground
Florida Department of Education Commissioner Manny Diaz, Jr. (center) presides over the August 23, 2023 meeting of the Florida State Board of Education in Naples, Florida (Patricia Tolson/The Epoch Times).
Patricia Tolson
By Patricia Tolson
9/1/2023Updated: 9/1/2023
0:00

NAPLES, Fla. — From books to bathrooms, laws and rules being passed by Florida legislators and members of the State Board of Education are tightening restrictions on the LGBT community. Despite efforts, members of the LGBT community in Florida find themselves losing debates, losing ground, and, more noticeably, losing their tempers.

Evidence of the growing frustration was on full display at the Aug. 23, 2023 meeting of the Florida State Board of Education (SBE) in Naples, as members passed measures to further restrict transgender ideology in the state’s education system. Florida Department of Education (DOE) Commissioner Manny Diaz, Jr. was also present.

Proposed rules included expanding restrictions on the use of restrooms that do not correspond with a person’s biological sex to include colleges and private schools. Disciplinary actions for educators who violate an established law regarding sexual misconduct were also sharpened.

Members of the Florida Department of Education and Florida Department of Education Commissioner Manny Diaz preside over a meeting in Naples, Florida, on August 23, 2023. (Patricia Tolson/The Epoch Times).
Members of the Florida Department of Education and Florida Department of Education Commissioner Manny Diaz preside over a meeting in Naples, Florida, on August 23, 2023. (Patricia Tolson/The Epoch Times).

During the course of the meeting, opponents of the new measures became progressively agitated. Verbal attacks against Board members and supporters of the proposals became increasingly more personal.

At one point, the level of civility had sunk so low that SBE Chair Ben Gibson advised the opponents that the Board was “trying to be very respectful and civil” to them and asked that they “maintain respect and civility as well.”

Board Member Grazie Pozo Christie, speaking virtually, addressed the notable “angst” she observed. She tried to explain that “bathroom spaces are very intimate and private,” which is why they have been historically segregated by biological sex. She further suggested that America’s culture should not be forced to go against this historical trend simply to accommodate a “new ideology” that is “challenging the science of male and female, which doesn’t change.”

Books

At the Aug. 23 meeting, a new rule was adopted to establish the position of a “magistrate,” who will weigh complaints filed by parents who challenge the procedure through which a book was approved.
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Rain Johnson, a 10th-grade student at a private school in Lakeland, held up a copy of “Some Assembly Required: The Not-So-Secret Life of a Transgender Teen,” informing the Board she was “trans” and “gay” before she “read a book.” She then angrily suggested that trying to “bypass a system already in place to ban books” was “simply stupid and very confusing.”

The new magistrate would not “bypass” but rather ensure that the “system already in place” was upheld.

CJ Smith said, “The system is already ridiculous enough without adding more steps,” accusing the Board of “snowplow parenting“ and suggesting they’re ”making the assumption that children in general cannot handle certain topics.”

Kaity Danehy-Samitz defined the measure that allows some parents “the right to fight against something they don’t believe in” as “fascism with extra steps.”

Kaity Danehy-Samitz speaks during public comments at the August 23, 2023 meeting of the Florida State Board of Education in Naples, Florida (Screenshot/The Florida Channel).
Kaity Danehy-Samitz speaks during public comments at the August 23, 2023 meeting of the Florida State Board of Education in Naples, Florida (Screenshot/The Florida Channel).
Sarah Parker accused the Board of banning the education of black people, insinuating that black parents work late hours and are unable to sign permission forms allowing their children to read restricted books.

Bathrooms

The measure that inspired the most heated objections was the proposal to expand restrictions on the use of restrooms to biological sex from just K-12 schools to include colleges and private schools.

Rain Johnson asked why the Board was “obsessed about kids’ genitals.”

“Why do we need to think of children’s genitals?” she screamed. “Please!”

Ms. Danehy-Samitz accused Board members of “voting in alignment” with supporters of the measure, whom she labeled as an “extremist hate group.”

“We’re not going to keep taking it,” she warned, pausing, looking to her friends before laughing.

“I really, really look forward to getting to know every single one of you,” she told the Board. “Have a good day. Jesus is disappointed.”

Lola Smith, a Collier County student identifying as non-binary, argued that “students are not being harmed or harassed” by transgender or non-binary students in school bathrooms.

The argument was echoed by others.

India Miller speaks during public comments during the August 23, 2023 meeting of the Florida State Department of Education (Patricia Tolson/The Epoch Times).
India Miller speaks during public comments during the August 23, 2023 meeting of the Florida State Department of Education (Patricia Tolson/The Epoch Times).

India Miller, a transgender individual, said transgender people have been using restrooms that don’t align with their biological sex “for decades,” insisting there have been “no issues.”

Sarah Parker said the risks posed by transgender individuals in restrooms were a “non-issue.”

Sarah Parker speaks during public comments during the August 23, 2023 meeting of the Florida State Department of Education (Screenshot/The Florida Channel).
Sarah Parker speaks during public comments during the August 23, 2023 meeting of the Florida State Department of Education (Screenshot/The Florida Channel).

Those claims are wrong.

Virginia: A biological male student who identified as a female abducted and sexually assaulted a female student at a school in May 2021. Rather than taking legal action against the offender, the school allowed him to transfer to another school, where he abducted and sexually assaulted a second female student in October 2021.
New Mexico: A 12-year-old girl was raped by a transgender student in the “trans-inclusive” bathroom in October 2021.
Oklahoma: A transgender student physically assaulted two female students in the restroom in October 2022.
Oklahoma: Another transgender student severely beat a 15-year-old female sophomore in the girl’s bathroom in October 2022.
California: A transgender student entered a girls’ locker room. After being confronted, the male student spit on the girls and exposed his genitalia. A video shows the significantly larger male pummeling several smaller female students after the altercation moved outside of the locker room.
Carlos Guillermo Smith speaks during public comments during the August 23, 2023 meeting of the Florida State Department of Education (Patricia Tolson/The Epoch Times).
Carlos Guillermo Smith speaks during public comments during the August 23, 2023 meeting of the Florida State Department of Education (Patricia Tolson/The Epoch Times).

LGBT Laws

At the behest of Florida Gov. Ron DeSantis, state legislators have already passed a plethora of laws restricting LGBT ideology.
SB1028 was signed into law on June 1, 2021, establishing the “Fairness in Women’s Sports Act,” which mandates that an individual’s participation in school sports at all levels must be based on biological sex at birth.
CS/CS/HB 1557, the Parental Rights in Education measure, branded by opponents as the “Don’t Say Gay Bill,” was signed into law on March 28, 2022. The measure forbids “classroom instruction on sexual orientation or gender identity in kindergarten through grade 3.”
While a February 2022 study (pdf) from the Public Opinion Research Lab at the University of North Florida found that 49 percent of Floridians opposed the original law prior to its passage, a survey released by Floridians for Economic Advancement after the bill’s passage found that 52 percent of Florida’s Democrat voters opposed teaching children in kindergarten through third grade about sexual orientation in the classroom.
Florida Gov. Ron DeSantis displays the signed Parental Rights in Education bill, flanked by elementary school students, during a news conference at Classical Preparatory School in Shady Hills, Fla., on March 28, 2022. (Douglas R. Clifford/Tampa Bay Times via AP)
Florida Gov. Ron DeSantis displays the signed Parental Rights in Education bill, flanked by elementary school students, during a news conference at Classical Preparatory School in Shady Hills, Fla., on March 28, 2022. Douglas R. Clifford/Tampa Bay Times via AP

Nationally, a September 2022 New York Times and Siena Poll showed that 70 percent opposed lessons on sexual orientation and gender identity being taught to elementary school children.

On May 17, Mr. DeSantis signed four transgender-related bills into law.

CS/HB 1521 prohibits anyone from “willfully entering restroom or changing facility designated for the opposite sex and refusing to depart when asked to do so,” and authorizes the attorney general “to bring enforcement actions.”
CS/SB 254 grants Florida courts “temporary emergency jurisdiction” over children under the age of 18 and allows “for purposes of warrants to take physical custody of a child” that is being “subjected to sex-reassignment prescriptions or procedures.” The law also prohibits the expenditure of state funds for “sex-reassignment prescriptions or procedures” and requires the immediate suspension of the “license of a health care practitioner who is arrested for committing, attempting, soliciting, or conspiring to commit” violations of the law.
SB 1438 prohibits someone “from knowingly admitting a child to an adult live performance” that “depicts or simulates nudity, sexual conduct, or specific sexual activities.” Violators of the law will be charged with a first-degree misdemeanor, punishable by up to one year in prison and a fine of up to $1,000. Businesses that have a liquor license and knowingly violate the law will have that license suspended. The first violation receives a $5,000 fine. The second gets a fine of $10,000.
On June 24, a District Judge in Florida issued a temporary injection (pdf) against the law.
CS/CS/HB 1069 extended the prohibition on sexual orientation or gender identity instruction from pre-K through the eighth grade and prohibits school boards from imposing requirements that force personnel or students to use pronouns that do not correspond with someone’s biological sex.
On April 19, the Florida DOE approved a rule (pdf) to prohibit classroom instruction on sexual orientation and gender identity in pre-K through third grade without exception and in grades four through 12 except under specific circumstances.

These measures come on top of efforts to ban books in Florida’s schools that are considered inappropriate for children.

On Oct. 19, 2022, the Florida DOE announced the passage of Rule 6A-7.0713 (pdf), amending HB 1467 (pdf), which expanded the scope of school library media centers to say books in classroom libraries must also be approved by a media specialist. The notice sent some Florida teachers scrambling to shut down their classroom libraries in fear of being charged with a third-degree felony.
According to the June 2023 LGBTQ+ Business Climate Index survey (pdf) from Out Leadership released in June—which ranks states on a scale from 1-100 according to LGBT friendliness, New York ranked highest with a score of 93.67. Also in the top five were Connecticut (93.27), Massachusetts (92.67), New Jersey (90) and Colorado (88.67).

Among the five least friendly states, Arkansas ranked first with a score of 32, followed by South Carolina (32.5), Louisiana (33.5), Tennessee (34.4) and South Dakota (34.97).

Surprisingly, Florida ranked 33rd among the 50 states with a score of 50.6, only a slight fall from its 2022 score of 53.43

By the Numbers

At a May 17 press conference, Equity Florida Senior Political Director Joe Saunders said, “DeSantis has just signed into law the largest slate of anti-LGBTQ bills in one legislative session in the state’s history. This is an all-out attack on freedom.”

However, polling shows that most Americans support such measures.

A Washington Post/KFF survey published May 5 showed that the majority of Americans support anti-trans policies, including 68 percent who oppose providing puberty-blocking medication to kids aged 10-14 and 58 percent who oppose the same for kids between 15-17.

Nearly 60 percent said gender is determined by your birth sex, and the vast majority believe trans-women should not be allowed to compete against biological females in youth sports (62 percent), high school (66 percent), college (65 percent), and professional sports (65 percent).

While 64 percent believe teaching students in grades 9-12 about “trans identity” is appropriate, the majority believe it is inappropriate to teach the subject to children in kindergarten-third grade (77 percent), grades 4-5 (70 percent), and grades 6-8 (62 percent).

A gender-neutral sign is posted outside a bathroom at Oval Park Grill in Durham, N.C., on May 11, 2016. (Sara D. Davis/Getty Images)
A gender-neutral sign is posted outside a bathroom at Oval Park Grill in Durham, N.C., on May 11, 2016. Sara D. Davis/Getty Images

An Aug. 29 survey conducted by researchers at Arizona State University, Stanford University in California, and the University of Houston, Texas confirmed that society is unwilling to provide more rights to transgender people, including the ability to “choose for themselves which bathroom to use.”

In Arizona, 54 percent opposed allowing transgender people to choose which bathroom they would use. Only 25 percent expressed support. In California, a considerably more trans-tolerant state, 45 percent were opposed, while 35 percent expressed support. In Texans, 61 percent expressed opposition, while only 25 percent expressed support.

A national survey by the Public Religion Research Institute in September 2021 found that 47 percent of Americans support bills restricting transgender individuals from using bathrooms and changing areas in schools and public spaces.

A November 2022 Rasmussen survey showed that 60 percent of American adults believe “Drag Queen Story Hour” is inappropriate for children.

While a March 2023 NPR/PBS NewsHour/Marist poll showed that 58 percent of Americans opposed laws restricting drag shows, the subject of allowing children to attend was not mentioned.

A Gallup poll conducted between May 1-24 showed that 69 percent of those surveyed believe transgender athletes should now be allowed to compete against members of the opposite sex, and 55 percent said “changing one’s gender” is “morally wrong.”

A May 2022 Harvard/Harris poll (pdf) showed that 60 percent of registered voters said allowing children to choose their pronoun is “excessive” and “confuses kids.” Only 40 percent said it “prevents discrimination.”

‘Creating a Narrative’

In an interview with The Epoch Times after the meeting, Florida DOE Commissioner Manny Diaz addressed the decline in decorum.

“I think what you see is individuals or groups that come in with a set agenda, and a lot of times they aren’t reading the actual items, whether it be for the school board or state board,” Mr. Diaz said. “They come in with the idea of creating a narrative, which devolves the conversation into something that’s not even being discussed in the meeting and not even what the item’s about. I think that obviously hurts the communication.”

He also noted how the concerns about what an item “actually is” are being mixed in by parents and other community members who are supportive of the proposed restrictions.

“Those are important conversations to be had, but unfortunately, some of this has been politicized to try to create a narrative” around an item “that just causes that breakdown.”

According to Carlos Guillermo Smith, a former state representative for Miami, current candidate for a seat in the state senate, and Central Florida outreach coordinator for Equality Florida, it was the Board that came to the meeting “with their minds made up already and could not be persuaded to change their proposed rules.”

“This is a rubber stamp Board of Ron DeSantis’s choosing, and they are operating exactly the way he wants them to, which is implementing his extreme agenda, taking no prisoners and not listening to the concerns of the public,” Mr. Guillermo Smith told The Epoch Times.

Asked about the lack of decorum by the younger opponents, he suggested that the “bureaucrats and political appointees” of Mr. DeSantis are “taking actions that quite literally disrespect the very existence of entire communities.”

“What they expect in return is respect from young people who have had their dignity taken by a legislature that has stopped at nothing to take their rights and freedoms and their existence from them,” he said.

Asked about the “no issues” argument despite numerous incidents of violence perpetrated by transgender individuals in restrooms, Mr. Guillermo Smit admitted that he didn’t know the details of those cases. However, he suggested that “a person’s transgender identity has nothing to do with how or why or when they were driven to perpetrate those crimes.”

“The truth is,” he said. “ Is that 99 percent of incidents that happen in restrooms are incidents that are perpetrated by straight, cis-gender individuals.”

Florida Department of Education Commissioner Manny Diaz, Jr. speaks during the August 23, 2023 meeting of the Florida State Department of Education (Patricia Tolson/The Epoch Times)
Florida Department of Education Commissioner Manny Diaz, Jr. speaks during the August 23, 2023 meeting of the Florida State Department of Education Patricia Tolson/The Epoch Times

While Mr. Diaz conceded that Mr. Guillermo Smith was professional, constructive, and respectful while voicing his objections, he offered advice to the young disrupters.

“Any time you go over the top and get unruly, uncivil, or even rude, you hurt whatever position you’re trying to present,” he advised. “It should be about the issues. It shouldn’t be personal. If you’re passionate about an issue, make sure you’re on the issue and not talking about something else, and present it in a manner that is clear of your position. Don’t turn it into a personal issue or just a blanket narrative.”

Patricia Tolson
Patricia Tolson
Reporter
Patricia Tolson is an award-winning Epoch Times reporter who covers human interest stories, election policies, education, school boards, and parental rights. Ms. Tolson has 20 years of experience in media and has worked for outlets including Yahoo!, U.S. News, and The Tampa Free Press. Send her your story ideas: [email protected]
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