Activists Ask Courts to Declare Florida Bathroom Ban Unconstitutional

A group of trans and nonbinary activists have asked a federal court to declare a bathroom ban in Florida unconstitutional. The group, known as Women in Struggle, also requested a temporary order barring authorities from enforcing the ban against them while they were in Florida to participate in the National March to Protect Trans Youth that occurred in early October. 

The challenge comes as Florida Governor Ron DeSantis signed six anti-trans bills earlier this year, including a bathroom ban that criminalized the use of restrooms that don’t align with a person’s assigned sex at birth. In addition to the bathroom bill, DeSantis also signed laws that allow government agencies to remove children from the custody of parents who are supportive of their child’s gender transition, ban gender-affirming care for minors, and make suggesting gender-affirming care a criminal misdemeanor for physicians. 

The suit named 11 defendants, including Orange-Osceola State Attorney Andrew Bain, Orlando Police Chief Eric Smith, and Orlando Chief Administrative Officer Kevin Edmonds. One of the plaintiffs in the case, Melinda Butterfield, issued a press release ahead of the march: “A protest like this is long overdue,” she states. “The divide-and-conquer measures of Ron DeSantis, the Florida legislature, and their wealthy backers are echoed in states across the country: banning gender-affirming healthcare, suppressing free speech for queer students and teachers, throttling Pride celebrations and drag performances, banning trans people from using restrooms, and threatening to kidnap trans youth from supportive parents.”

United States District Court Judge Wendy Berger denied the request a day before the march was scheduled. Berger was appointed by former President Donald Trump in 2019. 

The march continued as planned and some of the plaintiffs in the case, like Lindsey Spero, spoke at the event.  Another activist in attendance was Stonewall veteran Miss Major Griffin-Gracy. “We have gone through this time and time again, and we’re not going to give up now,” Griffin-Gracy told the crowd. “Please, whatever you do, don’t give up the fight!” 

The march occurred in downtown Orlando on October 7. The New York-based organization, Center for Constitutional Rights, organized the march. Women in Struggle represented a group of six trans women and nonbinary individuals who traveled to Florida. 

In 2023, 568 anti-trans bills were introduced in 49 states as part of a broader effort to demonize trans individuals.