In a case of first impression, a split panel of the Eleventh Circuit decided today that a transgender high school teacher's speech rights were not violated when the state of Florida required her not to refer to herself in class by her preferred feminine pronouns ("she," "her," "hers") or honorifics ("Ms.," "Mrs.," "Miss") (See also Eugene's post about the decision below.)
From the majority opinion, here is the background:
Katie Wood teaches algebra at a public high school in Florida. Wood was born a biological male but now identifies as a woman. After transitioning in 2020, Wood began using the honorific "Ms." and the gendered pronouns "she," "her," and "hers." Importantly for present purposes, she wrote "Ms. Wood" and "she/her" on her classroom whiteboard and syllabi, she identified herself as "Ms. Wood" in her communications with students, and she wore a pin that said "she/her." Then, in 2023, Florida enacted Fla. Stat. § 1000.071, which states, in pertinent part, that "[a]n employee or contractor of a public K-12 educational institution may not provide to a student his or her preferred personal title or pronouns if such preferred personal title or pronouns do not correspond to his or her sex." Fla. Stat. § 1000.071(3).
