LGBTQ rights in Florida

LGBTQ rights in Florida
Florida (US)
Status
Gender identityRestricted since 2024 - Criminal penalties[1]
Discrimination protectionsProtections in employment, housing and public accommodations
Family rights
Recognition of relationshipsSame-sex marriage since 2015
AdoptionFull adoption rights since 2010

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after the U.S. Supreme Court's decision in Lawrence v. Texas on June 26, 2003, although the state legislature has not repealed its sodomy law.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.[2]

Since 2021, under the leadership of Governor Ron DeSantis, the state has seen a significant erosion in LGBT, especially transgender, rights.[3] In June 2021, a bill was passed preventing transgender women and girls from participating in female sports in schools.[4] In April 2023, Florida LGBT advocacy group Equality Florida issued a travel advisory for LGBTQ people to avoid visiting or moving to the state.[5][6] The following May, the Human Rights Campaign signed on to the travel advisory, citing legislation recently signed by Governor DeSantis, while stopping short of calling for a boycott of the state.[7]

In May 2023, several bills were signed by DeSantis, which prohibited access to hormone replacement therapy for transgender minors and created barriers to accessing hormone replacement therapy for adults, including banning insurance coverage for such treatments and requiring a physician to administer the treatment rather than a nurse practitioner.[8] Furthermore, the bills allow for transgender individuals using a restroom consistent with their gender identity in a public building to be charged with criminal trespass,[9] expand the Parental Rights in Education Act,[10] enable medical practitioners to deny service based on personal belief,[11] and restrict "adult live performances" anywhere a child might be present (notably targeting drag performances, as claimed by DeSantis).[10]

  1. ^ Chudy, Emily (January 31, 2024). "Florida seeks to stop trans people changing sex on their driving licence". PinkNews. Retrieved January 31, 2024.
  2. ^ Tucker, Rachel (September 7, 2023). "This town is Florida's first LGBTQ+ sanctuary city". The Hill. Retrieved September 20, 2023.
  3. ^ Mitchell, Hilary (February 10, 2024). "Hundreds of transgender people stage dramatic 'die-in' protests at DMVs across Florida". PinkNews. Retrieved February 10, 2024.
  4. ^ Cite error: The named reference :7 was invoked but never defined (see the help page).
  5. ^ Frazier, Charles (April 12, 2023). "Equality Florida issues travel advisory warning against visiting, moving to the state".
  6. ^ Brieskorn, Katlyn (April 12, 2023). "Equality Florida issues advisory about visiting, moving to state".
  7. ^ "Nation's Largest LGBTQ Advocacy Group Joins Equality Florida In Issuing Updated Florida Travel Advisory". May 23, 2023.
  8. ^ Cite error: The named reference :8 was invoked but never defined (see the help page).
  9. ^ Cite error: The named reference :9 was invoked but never defined (see the help page).
  10. ^ a b Yurcaba, Jo (May 17, 2023). "DeSantis signs 'Don't Say Gay' expansion, gender-affirming care ban". NBC News. Retrieved May 17, 2023.
  11. ^ Cite error: The named reference :11 was invoked but never defined (see the help page).