The Human Rights Campaign Announces Intent To Sue the State of Florida As Gov. Ron DeSantis Signs Anti-Transgender Sports Ban Into Law

by Wyatt Ronan •

FLORIDA — Today, as Governor Ron DeSantis signed into law Florida Senate Bill 1028 — an education bill that was amended to ban transgender girls and women from participating in sports at the secondary and post-secondary level consistent with their gender identity — the Human Rights Campaign (HRC) is announcing its intent to challenge the new law in court.

This upcoming lawsuit in Florida to be filed by the Human Rights Campaign comes amid a rash of anti-transgender sports ban legislation being taken up and passed in states across the country. Today's bill signing by Governor DeSantis took place on the first day of LGBTQ Pride Month and within 12 days of the anniversary of the Pulse shooting in Orlando, Florida. Lawmakers across the country who support these bills have failed to provide examples of any issue in their states to attempt to justify these attacks on transgender youth, laying bare the reality that they are fueled by discriminatory intent and not supported by fact. The Human Rights Campaign’s action follows an earlier lawsuit against an anti-LGBTQ regulation by the United States Department of Health and Human Services that would have illegally strip away critical anti-discrimination protections in the Affordable Care Act. HRC won a preliminary injunction in that case in August of 2020.

The Human Rights Campaign will always stand up to anti-equality forces on behalf of transgender kids, and that is exactly what we plan to do by legally challenging this ban on the participation of transgender girls and women in sports. Gov. DeSantis and Florida lawmakers are legislating based on a false, discriminatory premise that puts the safety and well-being of transgender children on the line. Transgender kids are kids; transgender girls are girls. Like all children, they deserve the opportunity to play sports with their friends and be a part of a team. Transgender youth must not be deprived of the opportunity to learn important skills of sportsmanship, healthy competition, and teamwork. The harmful provisions added to SB 1028 will not just impact transgender people in Florida. All Floridians will have to face the consequences of this anti-transgender legislation — including economic harm, expensive taxpayer-funded legal battles, and a tarnished reputation. In Florida, we are ensuring that there are legal consequences to pay for being on the wrong side of history.

Alphonso David, Human Rights Campaign President

Wide range of business and advocacy groups, athletes oppose anti-trans legislation

  • More than 100 major U.S. corporations have stood up and spoke out to oppose anti-transgender legislation being proposed in states across the country. New companies like Facebook, Pfizer, Altria, Peloton, and Dell join companies like Amazon, American Airlines, Apple, AT&T, AirBnB, Google, Hilton, IBM, IKEA, Microsoft, Nike, Paypal, Uber, and Verizon in objecting to these bills. Four of the largest U.S. food companies also condemned “dangerous, discriminatory legislation that serves as an attack on LGBTQ+ individuals, particularly transgender and nonbinary people,” and the Walton Family Foundation issued a statement expressing “alarm” at the trend of anti-transgender legislation that has recently become law in Arkansas.
  • The nation’s leading child health and welfare groups representing more than 7 million youth-serving professionals and more than 1000 child welfare organizations released an open letter calling for lawmakers in states across the country to oppose dozens of bills that target LGBTQ people, and transgender children in particular.

The NCAA opposes efforts to limit participation of transgender students

The NCAA Board of Governors released a public letter making clear that it “firmly and unequivocally supports the opportunity for transgender student-athletes to compete in college sports.” Moreover, “When determining where championships are held, NCAA policy directs that only locations where hosts can commit to providing an environment that is safe, healthy and free of discrimination should be selected.” This puts the 30 states with discriminatory anti-transgender

A fight driven by national anti-LGBTQ groups, not local legislators or public concern

These bills come from the same forces that drove previous anti-equality fights by pushing copycat bills across state houses — dangerous, anti-LGBTQ organizations like the Heritage Foundation, Alliance Defending Freedom (designated by Southern Poverty Law Center as a hate group), and Eagle Forum among others.

  • For example, Montana’s HB 112, the first anti-transgender sports bill to be passed through a legislative chamber in any state, was worked on by the Alliance Defending Freedom.

Trans equality is popular: Anti-transgender legislation is a low priority, even among Trump voters

A new PBS/NPR/Marist poll states that 67% of Americans, including 66% of Republicans, oppose the anti-transgender sports ban legislation proliferating across 30 states.

In a 10-swing-state poll conducted by the Human Rights Campaign & Hart Research Group last fall:

  • At least 60% of Trump voters across each of the 10 swing states say transgender people should be able to live freely and openly.
  • At least 87% of respondents across each of the 10 swing states say transgender people should have equal access to medical care, with many states breaking 90% support
  • When respondents were asked about how they prioritized the importance of banning transgender people from participating in sports as compared to other policy issues, the issue came in dead last, with between 1% and 3% prioritizing the issue.

Another more recent poll conducted by the Human Rights Campaign & Hart Research Group revealed that, with respect to transgender youth participation in sports, the public’s strong inclination is on the side of fairness and equality for transgender student athletes. 73% of voters agree that “sports are important in young people’s lives. Young transgender people should be allowed opportunities to participate in a way that is safe and comfortable for them.”

States that pass anti-transgender legislation suffer economic, legal, reputational harm

Analyses conducted in the aftermath of previous divisive anti-transgender bills across the country, like the bathroom bills introduced in Texas and North Carolina and an anti-transgender sports ban in Idaho, show that there would be or has been devastating fallout.

  • The Idaho anti-transgender sports bill that passed was swiftly suspended by a federal district court. The National Collegiate Athletic Association (NCAA) came out against the Idaho bill and others like it and subsequently moved planned tournament games out of Idaho.
  • The Associated Press projected that the North Carolina bathroom bill could have cost the state $3.76 billion over 10 years.
  • During a fight over an anti-transgender bathroom bill in 2017, the Texas Association of Business estimated $8.5 billion in economic losses, risking 185,000 jobs in the process due to National Collegiate Athletic Association (NCAA) and professional sporting event cancellations, a ban on taxpayer funded travel to those states, cancellation of movie productions, and businesses moving projects out of state.

Gov. DeSantis is one of seven governors — including Gov. Greg Gianforte in Montana, Gov. Kay Ivey in Alabama, Gov. Jim Justice in West Virginia, Gov. Tate Reeves in Mississippi, Gov. Bill Lee in Tennessee, and Gov. Asa Hutchinson in Arkansas — who have signed anti-transgender legislation this session. South Dakota Governor Kristi Noem issued a “style and form” veto to similar legislation in her state before issuing two executive orders to similar effect.

Contact Us

To make a general inquiry, please visit our contact page. Members of the media can reach our press office at: (202) 572-8968 or email press@hrc.org.

Topics:
Litigation