Individual Freedom Act | |
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Florida Legislature | |
Enacted by | Florida House of Representatives |
Enacted by | Florida Senate |
Signed by | Ron DeSantis |
Signed | April 22, 2022 |
Effective | July 1, 2022 |
Legislative history | |
First chamber: Florida House of Representatives | |
Introduced by | Bryan Avila |
Passed | February 24, 2022 |
Voting summary |
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Second chamber: Florida Senate | |
Passed | March 10, 2022 |
Voting summary |
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Status: Not fully in force |
The Stop WOKE Act, also known as the Stop Wrongs to Our Kids and Employees Act and redubbed the Individual Freedom Act, is a Florida state law which prohibited schools and businesses from teaching certain concepts related to race, gender, racism, and privilege. In addition to that, it prohibits Florida educational institutions and businesses from discussing whether race, gender, and systemic racism intersect with various social systems, including legal, healthcare, education, and so forth. Penalties would include disciplinary action, including job termination, and loss of public funding for state schools. [1] [2]
After passing both chambers of the Republican-controlled Florida Legislature along party lines, it was signed by Governor Ron DeSantis on April 22, 2022, and entered into effect on July 1. [3] Intended by DeSantis to "fight back" against "woke indoctrination" and critical race theory, [4] critics of the law described it as whitewashing and an attack on the First Amendment. [5] Governor DeSantis also signed the bill into Florida law with the intention that it will eliminate feelings of "guilt" and "shame" [6] from students who based on their race and gender.
U.S. district judge Mark E. Walker declared parts of the law relating to workplace diversity training unconstitutional in August 2022, and in November he issued a temporary injunction preventing the law from being enforced in higher education. On appeal, the Eleventh Circuit upheld the district court decision in March 2024, ruling that the law would violate businesses' First Amendment rights. [7] On July 26, 2024, Judge Walker granted a permanent injunction against the workplace provisions. [8] [9]
Robert Lewis Hinkle is a senior United States district judge of the United States District Court for the Northern District of Florida.
In the United States, the rights of transgender people vary considerably by jurisdiction. In recent decades, there has been an expansion of federal, state, and local laws and rulings to protect transgender Americans; however, many rights remain unprotected, and some rights are being eroded. Since 2020, there has been a national movement by conservative/right-wing politicians and organizations to target transgender rights. There has been a steady increase in the number of anti-transgender bills introduced each year, especially in Republican-led states.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in the U.S. state of Florida have federal protections, but many face legal difficulties on the state level that are not experienced by non-LGBT residents. Same-sex sexual activity became legal in the state after the U.S. Supreme Court's decision in Lawrence v. Texas on June 26, 2003, although the state legislature has not repealed its sodomy law. Same-sex marriage has been legal in the state since January 6, 2015. Discrimination on account of sexual orientation and gender identity in employment, housing and public accommodations is outlawed following the U.S. Supreme Court's ruling in Bostock v. Clayton County. In addition, several cities and counties, comprising about 55 percent of Florida's population, have enacted anti-discrimination ordinances. These include Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Tallahassee and West Palm Beach, among others. Conversion therapy is also banned in a number of cities in the state, mainly in the Miami metropolitan area, but has been struck down by the 11th Circuit Court of Appeals. In September 2023, Lake Worth Beach, Florida became an official "LGBT sanctuary city" to protect and defend LGBT rights.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Tennessee may experience some legal challenges that non-LGBTQ residents do not. Same-sex sexual activity has been legal in the state since 1996. Marriage licenses have been issued to same-sex couples in Tennessee since the Supreme Court ruling in Obergefell v. Hodges on June 26, 2015.
Mark Eaton Walker is the chief United States district judge of the United States District Court for the Northern District of Florida.
Ronald Dion DeSantis is an American politician serving since 2019 as the 46th governor of Florida. A member of the Republican Party, he served as the U.S. Representative from Florida's 6th congressional district from 2013 to 2018. DeSantis was a candidate for the 2024 Republican presidential nomination, withdrawing his candidacy in January 2024.
Anti-LGBTQ curriculum laws are laws approved by various U.S. states that limit the discussion of sexuality and gender identity in public schools. In theory, these laws mainly apply to sex ed courses, but they can also be applied to other parts of the school curriculum as well as to extracurricular activities such as sports and organizations such as gay–straight alliances. In July 2022, a wave of anti-LGBT curriculum resurgence saw ten such laws beginning to take effect in six different states. Some states enacting these new laws appear to have mirrored similar laws from other states.
Christopher Ferguson Rufo is an American conservative activist, New College of Florida board member, and senior fellow at the Manhattan Institute for Policy Research. He is an opponent of critical race theory, which he says "has pervaded every aspect of the federal government" and poses "an existential threat to the United States". He is a former documentary filmmaker and former fellow at the Discovery Institute, the Claremont Institute, The Heritage Foundation, and the Foundation Against Intolerance and Racism.
The political positions of Ron DeSantis have been recorded from his 2012 election to the United States House of Representatives and his tenure as representative, the 2016 United States Senate election in Florida, and during his tenure as governor of Florida. DeSantis is considered a conservative Republican.
Throughout the history of the United States, various topics have been censored and banned in education, including teaching about evolution, racism, sexism, sex education, and LGBTQ+ topics. Due to the federal system of the country being highly decentralized, states are delegated with much of the responsibility for administering public education, and it is often governments of the red states that have enacted such policies.
Starting in 2021, there have been a considerable number of books banned or challenged in parts of the United States. Most of the targeted books have to do with race, gender, and sexuality. Unlike most book challenges in the past, whereby parents or other stakeholders in the community would engage teachers and school administrators in a debate over a title, local groups have received support from conservative advocacy organizations working to nationalize the efforts focused on certain subjects. They have also been more likely to involve legal and legislative measures rather than just conversations in local communities. Journalists, academics, librarians, and others commonly link the coordinated, often well-funded book challenges to other reactionary efforts to restrict what students should learn about systemic bias and the history of the United States. Hundreds of books have been challenged, including high-profile examples like Maus by Art Spiegelman and New Kid by Jerry Craft.
From March 2022 until June 2024, The Walt Disney Company was involved in a feud with Florida governor Ron DeSantis and the state's Republican Party over Florida's Parental Rights in Education Act, commonly known as the "Don't Say Gay" bill. While initially a donor to some of the politicians who voted in favor of the Act, after its passage Disney spoke out against the bill and called for it to be repealed.
The Parental Rights in Education Act, commonly referred to as the Don't Say Gay law, is a Florida statute passed in 2022 that regulates public schools in Florida. The law is most notable for its controversial sections that prohibit public schools from having "classroom discussion" or giving "classroom instruction" about sexual orientation or gender identity from kindergarten through third grade or in any manner deemed to be against state standards in all grades; prohibits public schools from adopting procedures or student support forms that maintain the confidentiality of a disclosure by a student, including of the gender identity or sexual orientation of a student, from parents; and requires public schools to bear all the costs of all lawsuits filed by aggrieved parents.
NetChoice is a trade association of online businesses that advocates for free expression and free enterprise on the internet. It currently has six active First Amendment lawsuits over state-level internet regulations, including NetChoice v. Paxton, Moody v. NetChoice, NetChoice v. Bonta and NetChoice v. Yost.
Florida Senate Bill 254 is a law that prohibits gender-affirming care for anyone under the age of 18, places restrictions on adult patients accessing this care, and allows the state to take temporary custody of children who may be receiving gender-affirming care now or in the future. In June 2024, a judge permanently blocked the law from taking effect. In August 2024, the 11th Circuit Court of Appeals stayed the permanent injunction while the matter is appealed.
Florida Senate Bill 266, also commonly known by its Florida House of Representatives counterpart House Bill 999, is Florida legislation relating to public universities within the state. Under the legislation, diversity, equity and inclusion (DEI) programs and certain college majors relating to DEI would be eliminated or heavily restricted; the legislation phrases such courses as being based on "unproven, theoretical, or exploratory content". The legislation would prohibit state universities from including DEI and political identity filters within higher education hiring processes, and bans the usage of critical race theory in hiring. The law was filed in the Florida House of Representatives on February 21, 2023, by Republican representative Alex Andrade, while a Florida Senate version was filed seven days later by Republican state senator Erin Grall. The senate version of the legislation, which was noted as less intense in its requirements than the house version, ultimately passed and was signed by governor Ron DeSantis, concurrently with the similar Florida House Bill 931, on May 15, 2023. SB 266 took effect on July 1, 2023.
The Parental Rights Over the Education and Care of Their Kids Act is pending United States legislation introduced in both the House of Representatives and Senate of the 118th congress. Sponsored by Republican representative Tim Walberg and senators Rick Scott of Florida and Tim Scott of South Carolina and originating in the 117th congress, the bill is similar to and viewed of as a national version of the Florida Parental Rights in Education Act, itself known by its opponents as the Don't Say Gay bill.
The 2020s anti-LGBTQ movement in the United States is an ongoing political backlash from social conservatives against LGBTQ movements. It has included legislative proposals of bathroom use restrictions, bans on gender-affirming care, anti-LGBTQ curriculum laws, laws against drag performances, book bans, boycotts, and conspiracy theories around grooming. Between 2018 and 2023, hundreds of anti-LGBTQ laws were considered, with more than one hundred passed into law.
Ron DeSantis has served as the 46th governor of Florida since January 8, 2019. A member of the Republican Party, he narrowly defeated Democratic challenger Andrew Gillum in the 2018 Florida gubernatorial election. As governor, DeSantis resisted taking many of the measures to slow the spread of COVID-19 that various other state governments implemented, such as face-mask mandates, stay-at-home orders, and vaccination requirements. During the pandemic, Florida experienced above-average economic growth. DeSantis cut state-government spending, which, combined with federal stimulus payments and high sales-tax revenue, led to the largest budget surplus in Florida history. He engaged in recovery efforts after Hurricane Ian and Hurricane Nicole, and oversaw the passage of the controversial Parental Rights in Education Act. He was reelected in a landslide in the 2022 Florida gubernatorial election; his 19.4% margin of victory over Charlie Crist was the state's largest in 40 years. He has generally governed as a conservative.
The following is a list of events of the year 2022 in Florida.