At a Glance
Women in Struggle and the individual plaintiffs filed their complaint and a temporary restraining order to enjoin enforcement of the anti-trans bathroom ban against them on September 29, 2023. On October 18, 2023, following the march, the plaintiffs voluntarily dismissed the case.
Simone Chriss of Southern Legal Counsel
An anticipated 1,000 people planned to march in Orlando, Florida on October 7, 2023 in support of transgender youth and other marginalized communities. But participants in this historic grassroots movement worried about their ability to safely express their opposition to the anti-trans and anti-queer legislation passed by the Florida Legislature and signed by Governor Ron DeSantis due to Florida Statute § 553.865. This law, also known as the Bathroom Ban, prevents transgender, gender nonconforming, and certain kinds of intersex people from accessing a restroom in line with their gender because it defines sex as one’s anatomy and naturally occuring hormones at birth. Our plaintiffs are six transgender and non-binary individuals, as well as one organization with transgender members involved in the march, who believe this viewpoint of sex is not only inaccurate, but also an impermissible suppression of their gender expression that forces them to identify as someone else. Because this law was motivated by nothing more than bare discrimination against transgender, gender nonconforming, intersex, and queer people, the plaintiffs believe it has no legitimate or compelling purpose. They sought an emergency order prohibiting the defendants—state officials or individuals who must comply with the law—from enforcing the ban against them so they could exercise their free speech rights without harm.