DeSantis Faces Setbacks in FL LGBTQ Rights Battle: Medicaid Access, Puberty Blockers, and Live Entertainment Bans

  • by:
  • Source: Wayne Dupree
  • 06/29/2023
In recent weeks, multiple federal court decisions have frozen key parts of Ron DeSantis' campaign against lesbian, gay, bisexual, and transgender rights, complicating the Florida governor's efforts to present himself as a conservative champion who has won cultural battles over LGBTQ causes. 

The DeSantis administration lost three LGBTQ rights cases last week. Judges rejected state efforts to block transgender adults' Medicaid access to gender-affirming care, bar transgender children from puberty blockers, and ban minors from certain types of live entertainment at restaurants, widely interpreted as targeting drag shows. 

Judges have blocked DeSantis' plans to regulate gender identity education in schools and workplaces. The governor's efforts to ban transgender athletes from competing on sports teams of their declared gender and restrict access to school books, including LGBTQ-themed ones, are also in litigation. 

Disney, one of the state's largest employers, sued the governor for punishing the company for opposing LGBTQ-hostile policies. DeSantis wants the federal trial to begin after the 2024 presidential election. Disney will host a major LGBTQ conference in Florida in September to promote diversity, equity, and inclusion. 

Jon Harris Maurer, Equality Florida's public policy director, said, "These court wins are supporting a momentum shift." “Governor DeSantis isn’t putting forward good policy. He plays politics and charges taxpayers for legal fees.” 

DeSantis' spokesperson declined comment. DeSantis can win at the conservative 11th Circuit Court of Appeals after lower courts have ruled against him. The DeSantis administration appealed the federal ruling blocking the state law banning children from drag shows on Thursday. 

The governor rarely lost legal battles after losing in lower courts. DeSantis, a lawyer, has called for conservative judges who are “willing to reverse bad precedent” and has called his court losses “the tactics of activists who seek to impose their will on people by judicial fiat.” 

The 11th circuit's Republican-appointed judges ruled last year that Florida public schools could bar transgender students from using the men's bathroom. However, the conservative judges also ruled that states must show a clear government interest when passing transgender laws, giving LGBTQ rights advocates a strong legal argument in future cases. 

The Supreme Court has not addressed transgender rights. In April, the highest court overturned West Virginia's ban on a transgender girl's sports team.

The DeSantis administration has stifled LGBTQ communities across the state despite court setbacks. The governor's "unsafe" environment caused several communities to cancel Pride events this month. High school drag queen discussions were canceled. Conservative groups have restricted LGBTQ content in school libraries across the state, including a children's book based on a true story about a penguin family with two fathers.

Recent court decisions demonstrate DeSantis's nationwide campaign challenges. Arkansas, Utah, and Indiana have also lost court cases over similar state legislation in recent weeks. 

“I told you so,” said Shevrin Jones, the first openly gay Florida senator from the 35th District. “At every step during the process of this legislation, I made it clear that what we’re doing is unconstitutional—interfering with individuals, parents, and what they want to do with their children.” 

“This exposes DeSantis’ hate and bigotry,” Jones said. I recommend the governor read the room and his losses. DeSantis continues to fight "wokeness" and "gender ideology" as he woos conservative voters, including members of politically influential groups like Moms for Liberty, a Florida group with hundreds of chapters nationwide. Moms for Liberty has fought to restrict access to books in school libraries and limit school staff support for transgender children. 

DeSantis, former President Donald Trump, and other 2024 Republican presidential candidates will attend the group's "Joyful Warrior" annual conference this weekend. DeSantis was a keynote speaker at the group's summit last summer, where hundreds of members shared concerns about students' race and gender identity lessons. 

The group's leaders gave DeSantis a "Liberty Sword" modeled after gladiators' swords, which he has embraced as he vows to fight the culture wars if elected president.


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