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Lambda Legal Sues Florida School District Barring Transgender Student From Correct Bathroom
All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.
The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect LGBT employees. Lambda Legal maintains that the EEOC adjudications regarding Title VII’s coverage should supersede contrary authority that exists in some federal circuits.
YES, Florida has a criminal law that punishes people with an HIV diagnosis specifically for nondisclosure of HIV status prior to sexual conduct. A violation of this statute is classified as a felony.
YES, in recent years, there has been at least one criminal prosecution for HIV nondisclosure in Florida. In fact, Florida is considered aggressive in pursuing such prosecutions, because at least 5 such prosecutions have taken place over the last 5 years.
NO, Florida does not have laws that criminalize or enhance penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV, but that does not mean the state could not prosecute a person engaged in such activities under general criminal laws or argue for sentence enhancements based on the person’s HIV diagnosis.
YES, Florida also has laws that enhance punishments for HIV-positive people involved in commercial sexual transactions. It is difficult to obtain accurate data on how often these laws are utilized in Florida, but there is growing evidence that in general these types of laws targeting sex workers are used much more frequently than other types of HIV criminalization laws.
1.A husband and wife jointly.
2.An unmarried adult.
3.A spouse of the parent of the person to be adopted, if the parent consents.
4.A spouse of the parent of the person to be adopted, if the parent’s consent is excused by the court because good cause has been shown or because it would be in the child’s best interests.
Additionally, under Florida law, a homosexual person is allowed to be a foster parent. Fla. Dep't of Children & Families v. X.X.G., 45 So. 3d 79, 81 (Fla. Dist. Ct. App. 2010).
Some granted in a limited number of jurisdictions.
Lambda Legal won a victory in 2014 upholding a second parent adoption in a Florida appeals court based on the circumstances of the particular case. See C.P. v. G.P., 148 So. 3d 769 (Fla. 2014)
Results likely vary by county and by judge. Anyone considering petitioning for a second-parent adoption should contact, or have their counsel contact, Lambda Legal for information and counsel.
The statute allows a "husband and wife" who are adults to jointly adopt. Failure to treat married same-sex couples equally for the purposes of joint adoptions would violate the US Constitution. Please contact Lambda Legal if you feel this statute was applied in violation of your constitutional rights.
Yes, but there is no mention in it of either sexual orientation or gender identity.
Schools and School Districts—Safety—Bullying, 2013 Fla. Sess. Law Serv. Ch. 2013-87 (C.S.C.S.H.B. 609) (West)
Replacing: Fla. Stat. § 1006.147 (2012)
Fla. Stat. § 1000.05 (2011)
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Alternatively, here is the telephone number of the Lambda Legal Help Desk nearest you: Southern Regional Office: 404-897-1880
