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11th Circuit Upholds Florida Law Requiring Teachers to Use Birth-Assigned Pronouns

Deeming teachers’ in-class pronoun use government speech, the split panel enabled Florida to impose penalties for noncompliance.

Florida governor Ron DeSantis approved the law in 2023. (Getty)

Overview

  • A divided 2-1 panel overturned a preliminary injunction for Hillsborough County teacher Katie Wood, ruling her preferred pronoun use fell under her official duties.
  • The majority held that addressing students with chosen pronouns constitutes government speech and is therefore subject to state regulation.
  • In dissent, Judge Adalberto Jordan cautioned that the expansive government speech doctrine could erode First Amendment protections in schools.
  • With the injunction vacated, Florida schools now face potential fines and teacher certification revocations for failing to use birth-assigned pronouns.
  • Legal observers warn the decision may influence challenges to similar anti-transgender measures in other states.