Florida's newly passed "Don't Say Gay" law is running into possible legal challenges. Federal Education Secretary Miguel Cardona said it might violate Title IX, the law that protects LGBTQ students from discrimination. Meanwhile, Equality Florida threatened to sue the state if the law harms LGBTQ minors.

The law, passed by the Republican-controlled legislature there and now awaiting signature by Gov. Ron DeSantis, makes it illegal to teach anything about LGBTQ people through grade 3, and restricts what can be taught after that. It also allows parents to sue local school districts if they believe schools are engaging with LGBTQ topics.

Education Secretary Cardona said on March 8 that while students need support to deal with the COVID pandemic, "leaders in Florida are prioritizing hateful bills that hurt some of the students most in need."

"The Department of Education has made clear that all schools receiving federal funding must follow federal civil rights law, including Title IX's protections against discrimination based on sexual orientation and gender identity," Cardona continued.

"We stand with our LGBTQ+ students in Florida and across the country, and urge Florida leaders to make sure all their students are protected and supported."

The Department of Education lacks the legal authority to dictate curricula to local school districts, but it does have authority to cut off federal funds to school districts that violate federal policies. The department could also sue local districts to defend federal laws like Title IX.

Almost all public schools — and many private ones — receive federal money, so the DOE's opposition to the Florida law could be a powerful lever to prevent it from going into effect.

At the same time, Equality Florida warned DeSantis that it would be ready to sue the state of Florida if the measure harms students.

"Let us be clear," the group said, "should its vague language be interpreted in any way that causes harm to a single child, teacher, or family, we will lead legal action against the State of Florida to challenge this bigoted legislation...

"We will not permit any school to enforce this in a way that endangers the safety of children. We stand ready to fight for Floridians in court and hold lawmakers who supported this bill accountable at the ballot box."

While the DOE can sue Florida to uphold federal civil rights laws, activist organizations like Equality Florida and individual parents and students have standing to sue only if they can show they've been harmed by state law.

GLAAD also joined the fray, saying in a statement that the new law "brands Florida land of the 'less free' by legalizing censorship and harming LGBTQ students and families. Banning discussion of LGBTQ people in school is an effort to silence and shame, to divide and disrespect, when all students should feel safe and learn about themselves and each other."

"To every LGBTQ child and every LGBTQ parent in Florida," GLAAD continued, "you do belong and we know that history is on our side. Gov. DeSantis is playing political football with LGBTQ Floridians."