Trump-Appointed Judge Dismisses Another Challenge to Florida's 'Don't Say Gay' Law

Florida's "Don't Say Gay Law" has been upholder once again in the Sunshine State after a second challenge to block its enforcement, The Hill reported.

Trump-appointed, U.S. District Court Judge Wendy Berger refused a request last week from a group of Florida LGBTQ students, "their families and multiple civil rights groups in July for a preliminary injunction" against the law, The Hill reports. The law prohibits the discussion of LGBTQ topics in the classroom by public school educators and empowers parents to press charges against educators if they are found to have discussed such topics.

According to Judge Berger, the groups requesting the injunction had not provided enough evidence to show that they have been harmed.

Signed into law by Florida Gov. Ron DeSantis (R) in March, the Don't Say Gay law has made monumental waves through the public education system as parents and teachers try to parcel out what is "age appropriate or developmentally appropriate" under the law.

Berger's decision said that the case's plaintiffs did not produce facts that would "lead a reasonable person to believe" the law prevents students from talking to their teachers or peers. Or that it would prevent LGBTQ students from attending school and discussing their families.

Berger addressed concerns that the law would encourage more bullying at school by writing that "it is simply a fact of life that many middle school students will face the criticism and harsh judgment of their peers."

She added, "Indeed, middle school children bully and belittle their classmates for a whole host of reasons, all of which are unacceptable, and many of which have nothing to do with a classmate's gender identity."

"The court's decision defies decades of precedent establishing schools' constitutional obligations to protect student speech, and to protect students from targeted bullying and harassment based on who they are," said Kell Olson, a staff attorney at Lambda Legal, which filed the lawsuit in July along with the Southern Poverty Law Center and the Southern Legal Counsel.

Plaintiffs involved in the case will have until Nov. 3 to file an amended complaint. Simone Criss, director of the transgender rights initiative at the Southern Legal Counsel, said the groups plan to press forward in challenging the law.

"This fight is not over – it has just begun," Criss said.