
DeSantis Says Florida Will Not Comply With Title IX Changes
5/3/2024 | 26m 46sVideo has Closed Captions
New federal protections for transgender students tee up a possible clash with Florida.
Governor Ron DeSantis says Florida won’t comply with Biden administration changes to the Title IX civil rights law on sex discrimination, adding protections for transgender students in schools, colleges and universities that receive federal funds. Plus, the president’s reelection campaign heats up in Florida, with the state’s new six-week abortion ban set to come into force this week.
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DeSantis Says Florida Will Not Comply With Title IX Changes
5/3/2024 | 26m 46sVideo has Closed Captions
Governor Ron DeSantis says Florida won’t comply with Biden administration changes to the Title IX civil rights law on sex discrimination, adding protections for transgender students in schools, colleges and universities that receive federal funds. Plus, the president’s reelection campaign heats up in Florida, with the state’s new six-week abortion ban set to come into force this week.
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Learn Moreabout PBS online sponsorship>>This week on NewsNight, Governor DeSantis says Florida won't comply with new Biden administration changes to Title IX, adding protections for transgender students.
Plus, the Biden campaign ramps up in Florida as the state's six week abortion ban comes into effect this week.
NewsNight starts now.
[MUSIC] >>Hello, I'm Steve Mort, and welcome to NewsNight where we take an in-depth look at the top stories and issues in central Florida and how they affect all of us.
First tonight, another looming clash between conservative led states, including Florida and the federal government.
Governor Ron DeSantis last week said Florida would not comply with Biden administration changes to the Title IX civil rights law and would fight them.
Title IX deals with sex discrimination and harassment in education and how complaints are dealt with by institutions.
The White House changes and protections for transgender students at all levels.
Several states, including Florida, say they'll sue over the new federal rules.
Any university school or college that accepts federal funds for any education program or activity must abide by Title IX.
It's a civil rights law that protects against sex discrimination and harassment.
The White House says it's 2024 revision to Title IX clarifies that sex discrimination includes discrimination based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation and gender identity.
Critics, including Governor DeSantis, questioned the administration's authority to amend Title IX to extend sex discrimination protections to include gender identity.
>>Florida rejects Joe Biden's attempt to rewrite Title IX.
We will not comply and we will fight back.
We are not going to let Joe Biden try to inject men into women's activities.
We are not going to let Joe Biden undermine the rights of parents and we are not going to let Joe Biden abuse his constitutional authority to try to impose these policies on us here in Florida.
>>But in 2020, the US Supreme Court set a precedent determining in Bostock versus Clayton County that a separate civil rights law that bans sex discrimination and employment does apply equally to gay and transgender people.
Brandon Wolf is national press secretary for the Human Rights Campaign.
>>This rule is about protecting students from discrimination, and we have a whole lot of evidence to support the fact that discrimination on the basis of sex includes discrimination on the basis of sexual orientation and gender identity, including, by the way, the Bostock decision from this very conservative Supreme Court that asserted that sex based discrimination can indeed include discrimination on the basis of sexual orientation and gender identity.
So again, it's a shame that you've got folks like Ron DeSantis who are racing to put out, you know, the latest video on X and trying to drum up just enough content for their next fundraising email instead of considering the implications on students.
>>A number of other states have followed Florida in saying they'll challenge the new Title IX changes.
Several states, including Florida, have passed laws on LGBTQ issues in recent years.
They include restrictions on transgender people using bathrooms based on their gender identity in educational settings.
In Florida, they must use gender neutral bathrooms or locker rooms, or those that correspond to sex assigned at birth.
All right.
Well, let's bring in our panel now to break it all down.
Joining us in the studio this week, Steven Lemongello writes about politics for The Orlando Sentinel.
Thanks for coming back on the program, Steve.
Good to see you.
Jeff Allen for the first time.
Good to see you, Jeff, he covers politics for Spectrum News 13.
Thanks for coming in, Jeff.
>>Good to be here.
>>I appreciate it.
Daralene Jones, afternoon anchor at WFTV, Channel 9.
Thanks for being here as well.
Daralene, good to see you today.
Jeff, you're the new one here, so I'll start with you.
What do these Title IX changes really do?
I mean, why does the Biden administration argue they're needed.
>>Well you know Title IX.
It started back in 1972 when Richard Nixon signed it into law.
It was meant to make sure that men and women were treated equally and fairly in educational settings.
Well, this is now ventured into the territory that we're in now where it's really give some federal protection up against these states that have passed some laws that really you see in Florida the "Don't Say Gay" law that was that was passed.
You know, some people are even afraid to, you know, put a rainbow sticker on their backpack or that kind of thing.
So if students have a complaint against another student, the Biden administration wants to give them some protection, that kind of federal upper hand to challenge some of these complaints.
And, you know, we're really going to see this play out, I think, in the courts.
I mean, this doesn't start until next year, and I think it's going to be something that's going to go up to the Supreme Court eventually.
>>It certainly seems that way, doesn't it?
I mean, WFTV has been covering this issue, obviously, Daralene.
I mean, what will this mean for LGBTQ students who've been sort of navigating these changes to Florida law that Jeff mentioned in recent years?
I think that it causes more confusion.
I think that it causes more chaos.
And, you know, as you just mentioned, it will end up in the courts and it's sort of like stretching all of this out to where no one has a finality to what this truly means.
>>Yeah, it could be very confusing for kids.
I mean, several states, including in Florida, as I mentioned in my piece there, Steve, are suing over these Title IX change.
I mean, what are they arguing?
>>They're basically arguing that Title IX was about essentially men and women.
It's a very binary thing is increasingly you see was DeSantis and increasingly the Republican Party in Florida is they do not believe that trans people are trans people.
They just like these - you saw DeSantis before, like, you know, men and women's bathroom.
They don't see that as a trans woman.
It's a that's a man and women's bathroom.
So they're basically going back and just like originalism for like the 1970s when this was put in men and women, that's it.
>>But I mean, the Supreme Court and we talked a little before before we came on set here, I mean, the Supreme Court did set a precedent in terms of what sex discrimination means.
Do you think that that that doesn't matter?
>>Well the current Supreme Court really doesn't seem to care that much about precedent.
They've overturned a lot of things that have - like Roe v Wade, that a lot of people thought were established precedent and they were even asked about in their confirmation hearings.
So basically, you know, precedent and rulings and law for the Supreme Court is is what the majority says it is.
>>Yeah.
We've seen some critics of the of the Biden administration say that this is an attempt to sort of meddle in women's sports.
But one thing I thought that this title that these Title IX provisions excluded was women's sports, right?
>>Yeah.
The federal government, they didn't go that far with this restructuring of this of Title IX.
They kind of stopped short of talking about as far as potential transgender athletes in sports.
They are working on it, though.
They are working on a kind of revamp of that.
It actually started last year.
They've gotten like 150,000 complaints across the country about this kind of from different sides.
And so they're actually working on reforms with that.
But they stopped short of it at this point.
So there's still really a lot of confusion and really no direction for folks who are looking for that when it comes to those sports.
>>And some progressive groups saying, as you mentioned, the Biden administration didn't go far enough.
Brandon Wolff also told me that he would like sports added to the whole Title IX changes that the administration has has implemented.
I mean, critics also say that, you know, reversing some of these kind of Trump era Title IX rules might pose a risk to to the rights of the accused in sex discrimination or abuse cases.
I mean, why do they think that might be an issue?
>>You know, it's interesting because there are some critics who are saying President Biden doesn't really understand Title IX that he doesn't get, you know, why it was implemented and put into place.
And then there are some people who believe that this is really being used to sort of weaponize, weaponize an election and try to make this an election related issue.
And as you said, it's going to get dragged out in the courts.
And so by then, the election is over and then you've done all of this for what?
So.
>>I would imagine that those in the Biden administration might criticize their opponents and say that they're using this as a as an election issue for sure.
I mean, the Florida Department of Education has told institutions, Steve, not implement any of these changes.
We heard that from from the governor just now.
Where does this leave administrators?
I wonder what are the next steps for them?
>>Basically a rock and a hard place.
You essentially, if you don't follow Title IX and go against the federal government, do you, possibility of losing federal funding for a lot of these programs if you do accept the Title IX and you followed Title IX, then it's quite possible the state will retaliate and go against people's jobs and positions and tenure and things like that.
So it's just a question of, you know, what do they choose?
Yeah, choose one, you know, choose your path, basically.
>>Well, regardless of what the motivations were for the administration, it has become an election issue for sure right Jeff?
>>Yeah.
Yeah.
No mistake for the Biden administration made these changes and announced this just recently and this election year.
And so no mistake on that.
But, you know, it's something I'm going to have to watch as the beginning of next school year.
It goes in effect August 1st.
So something we'll have to see as it plays out at the beginning of this next coming school year-- >>Certainly so for educators.
>>Absolutely.
And it is something we'll watch because it's going to play out here in Florida as it often does.
You can find a link to a summary of the Biden administration's Title IX rule changes on our website to read for yourself.
It's all at wucf.org/newsnight.
All right.
Next tonight, Florida's six week abortion ban came into effect this week.
As we've discussed on the program before, it means access to the procedure is now significantly curtailed throughout the south.
And with the proposed constitutional amendment on abortion access on the ballot in Florida in November, it's also likely to be a key issue in the election.
This week, Vice President Harris spoke in Jacksonville, and last week President Biden made a campaign stop in Tampa to discuss abortion as his reelection campaign opened its first office in the state.
I asked Kelly Smith, a political scientist at Stetson University, about the politics of the abortion issue in Florida this year.
>>It's my opinion that Florida still can be up for grabs at statewide races, not necessarily in the state legislature, but I do believe it's possible for Florida to swing blue this year in the presidential election.
And I think having abortion on the ballot is something that the president and Democrats are going to try to exploit to use to drive voters to vote Democrat in November.
Where I hesitate is that people on both sides of the issue are very passionate about abortion.
So I think this amendment might drive both Democrats and Republicans to the polls.
And if that's the case, it might be enough for the Republicans to hold on to a red vote in November for the president.
A lot of our statewide races are decided by very narrow margins, this last governor's race notwithstanding.
And so we know that the turnout in very specific places are important for who wins the election.
If Republicans can increase turnout in the Panhandle, there might be more.
They might be able to win the state.
If the Democrats are successful in increasing turnout in Miami and Orlando, they will likely President Biden will likely come away with a victory.
So it really is a game of margins and who turns out to vote.
And I think the Democrats are riding on the fact that this constitutional amendment might help mobilize their voters to come out to vote with the hope that Biden would win for the Democrats.
>>Kelly Smith from Stetson.
Okay.
Before we talk about the politics, Daralene, let's sort of mentioned some of the immediate ramifications for those seeking abortion in Florida and neighboring states.
Of course, WFTV has covered where this leaves people as we speak.
What have your report has been hearing?
>>You know, with very limited options.
There are some data out there from the Guttmacher Institute that shows one in three abortions were happening here in Florida within this region.
And then if you expand that nationwide, one in 12 abortions, 7,000 abortions a month happening here in the state of Florida, more than 9,000 total last year alone.
People coming from out of state.
And so right now, at least people with limited options, if you're talking about trying to get an abortion, pass the first trimester, which is really the time when most people will find out or know for sure that they were actually have a fetus that is viable.
And so now you're forcing people to go to places like maybe Delaware, Virginia, North Carolina does still allow abortions, but it's up until 12 weeks.
So I don't think it's definitely going to play out in the election.
>>Be interesting to see if it does.
And to that point, Jeff, I mean, you covered the Vice President's visit this week to to Jacksonville.
Spectrum News 13 has been looking at the Biden campaign's messaging here.
I mean, do you think the Biden campaign might be able to break through in Florida?
I mean, despite the recent GOP dominance that we've seen in this state?
>>Yeah, you look back to recent elections, you think, okay, Florida is no longer in play as a legitimate swing state.
But you had the president and vice president in the state in the last week and a half.
They are certainly they believe that they can make Florida at play.
They believe that they can potentially turn it back a blue and you see that in their visits here.
The vice president, she really label this as an issue of freedom.
And she actually mentioned Trump more times.
One of her campaign sources said they mention Trump more times in her address in Jacksonville this week than really any other time in recent memory.
They are-- >>Trying to tie tie it to Trump.
>>They're calling it Trump's abortion bans.
>>36 from what I saw.
>>Yeah, yeah, yeah, yeah.
So I mean, it's they're really trying to tie this to him and pin it on him.
They're talking about he you know, he appointed the three Supreme Court justices that ultimately reversed Roe v Wade.
So they're really pin it on him and really trying to kind of use that.
They think this is something that they're going all in on it, that they can take back Florida with this.
>>I mean, did you get a sense from talking to Democrats at that event that they are optimistic about Florida?
>>I did, yeah.
I actually pulled state Democratic Party chair Nikki Fried aside as she was waiting for the vice president to talk.
And I said I just asked her, you know, off camera point blank said, you know, do you think this is really something that Florida can be in play?
And she pointed to the large independent voter bloc, all the NPA registered voters.
That is a large group.
And she really feels like that they can pull a lot of those over.
And they also need to shore up their Democratic voters.
We've heard a lot of sentiment about their Democratic voters maybe not being as excited this time around and in for Joe Biden.
So if they can shore them up and bring those independents over, they feel like that they can really sway the state.
>>The NPA voters here in this state has grown.
And and I think that is what keeps Florida in play because you you have no idea how those people are going to vote.
And for some of them, it is going to come down to the issues, just as the Biden administration have have a reason to be to be hopeful.
I mean, here is there is there polling that that supports their optimism?
Do we think?
>>It seems to be like well, if you look at what's been happening said, you know what Biden and Harris both coming here Trump the other day outside of his trials, essentially said like, I wish I wasn't here.
I wish I was in a swing state.
I wish it was in the states that count, and I wish I was in Georgia.
In Florida, he meant, sure, he's going to be doing a lot of stuff in Florida just because he lives here.
And I think we talked about earlier, it's it's easy to sort of label the Democrats Democrats and try to sort of bait Trump into sort of, you know, spending money here, spending time here instead of in other states in the Midwest, because it is his home state.
And it will be a little embarrassing if he loses it.
So it's it's quite possible.
You talk about NPAs.
Democrats will point to what Tom Kean, who won a special election, of course, in January, he got 70% of NPAs.
And his two issues that he hit very hard were insurance, obviously, and abortion.
And they're thinking if Democrats can get those to a special election, who knows what in general.
But if they can hit those higher numbers and even close to that in November, they could have a chance.
>>Well, that's that's the interesting question about I mean, all there implications down ballots.
I mean, Kelly Smith didn't seem to think there'd be much in the way of a benefit for Democrats in the state legislature, I guess, because of the way that the the districts are drawn.
But but maybe statewide elections what do you reckon?
>>Oh, yeah.
Well, I still think there could be some for even like the Democrats probably won't win like they will take control.
They might you know, it might not be a super majority anymore because Republicans won a bunch of Democratic leaning Biden winning districts in the Orlando area, in particular in 2022.
And if Democrats can just get the same sort of percentages of numbers that Biden did in '20 then they'll flip a lot of them, including like Carolina Amnesty, you know, a bunch of that area in Seminole, Orange, Osceola.
>>I mean, Jeff, I mean, the US Supreme Court is considering an Idaho case that could have implications for, you know, post Roe state laws like the one we have in Florida and whether they conflict with federal rules, I guess, on emergencies involving patients health.
Right.
I mean, Spectrum News 13 is has looked at this issue.
Do we get a sense of where the court may be on that and what that might mean for for states like Florida?
>>Well, they've already allowed the Idaho ban to continue on right now as they're continuing to consider this.
The Idaho ban went the furthest of really any of the states.
It went even further than the six week ban that we're now we have in Florida.
Basically what the Biden administration saw is is a rule that basically says, you know, if hospitals get Medicare coverage, by that, by law, they have to treat emergencies.
Okay.
Well, if you have an emergency involving a medical emergency involving a woman's birth, that that is that.
And so they say you have to do that.
And that's what they're basically suing over here.
The Supreme Court, though, in their question already in this case, though, they they look skeptical that they're going to really go with the Biden administration on this.
And it looks like the Idaho law will stand.
They've the Supreme Court really likes the states at this point to decide this.
And so it looks like that Idaho measure will will go on.
If I had to guess.
>>Does seem to be would be the way it's going.
Well of course we want to hear from you on any of the issues we're discussing on the program.
You can find us on social media at WUCFTV, on Facebook, X, and also on Instagram.
Okay.
Next tonight, developments in the Regina Hill case.
The suspended Orlando city commissioner is asking a judge to lift a permanent injunction against her.
The injunction orders her to stay away from an elderly constituent at the center of a separate felony indictment of Hill on charges of abuse and fraud.
Governor DeSantis suspended Regina Hill in April following her indictment on six counts.
The move teed up a special election in Orlando's District Five to at least temporarily fill her seat on the city council.
Okay, Jeff, you covered the permanent injunction that was issued against Regina Hill earlier in April.
What is she arguing now to make the case that that injunction should be lifted?
>>She really wants a redo on that hearing because she's arguing that the one obviously the elderly woman that this is all over was not there, even though she was subpoenaed.
She was not actually there in the courtroom.
And so there was that also, you know, she really feels like that she didn't get a fair take.
There's there were no mentions.
There was this a like a six hour hearing.
It went on.
They brought a lot of testimony.
But there were really no mentions of actual any intent on the elderly woman to really remove Regina Hill.
So there's no evidence that this was presented that that woman didn't want Regina Hill as her guardian, and that, in fact, I even asked Hill after the hearing as we were going out to the parking lot and everybody was kind of chasing her through through the lot there it know, they mentioned in the hearing how Regina Hill actually had done improvements on her home and that it was in just a state of disrepair.
I mean, the horrible conditions that she was living in, that she actually did those improvements.
And, you know, and she kind of said, yeah, you know, that's that's what I really wanted to get out of that.
And so she really feels like there needs to be a redo on this hearing.
>>And she thought that evidence to even show that was wasn't allowed during that hearing and that she didn't get a fair shake.
And I think that her attorneys are now trying to figure out we're trying to sift through if the investigation was even done, like what was presented and the investigative paperwork was really true and accurate.
I mean, there were some questions about that that they were raising.
I think at the end of it, she just wanted a fair shake at the hearing.
>>I mean, you and your colleagues at Channel 9 of have covered this story.
In fact, Channel 9 broke the story or Nick Papantonis.
I mean, you've spoken to Regina Hill, right?
I mean, what does she I mean, how does she view this?
And also, I'm kind of interested in how people in her district think about this, because, you know, she's been in that district a long time.
>>She has.
And, you know, look, I will start by saying this.
The people who live in District five knew exactly who Regina Hill was when she was elected and then reelected.
They knew they were they they knew who she was.
She was she was the community.
And so I'll start by saying that Regina Hill, she she did call me just after she was released from jail, which was a complete shock to me.
I was on the air and my phone is ringing and it's her right after she was bonded out of jail.
And her what she has said is, Daralene, I'm innocent.
And the facts will play.
Play out in court.
But I do think that, again, her attorneys are going to still continue to try to make this argument that she was not giving a fair shake during that hearing.
And but the criminal part of this is it is a totally-- >>Talking about the civil case.
>>Yes.
The criminal part of this is it is totally different, a different ballgame.
And it does appear that they have some significant evidence to show that money was was used and ways that, you know, were not kosher.
But the people in her district, I think if you talk to them some of them are ready for a change.
But there are some people who who support her.
>>Yeah.
And they see a lot of value in a lot of the programs that she's involved with.
I mean, that that it's a community.
I think that folks there there may be sentiment from time to time they aren't maybe getting, you know, enough support from certain areas of government.
And so she was really bringing, you know, a lot of programs to that area, started a lot of new programs that help folks in that area.
And so they really see that and not necessarily what's-- >>She was in the trenches.
>>Going on in.
They want to see that continue.
>>Well, let's just wrap up by talking about some of the candidates that have qualified for the ballot to, I guess, at least temporarily replace Regina Hill.
Several of them have been around city politics for quite a while now.
What do we know about them?
>>You've got Ericka Dunlap, of course, former Miss America.
We've got Shan Rose, Lawanna Gelzer, who was a, you know, activist, you know, also previously run in other other races.
Just so it's worked together like a bunch of people, I think seven qualifying.
So it's going to be interesting.
It's probably not going to get over 50% to avoid a runoff.
And we'll see what happens there.
>>Voter turnout will be the issue.
And I will say this.
I think that each of those candidates, the more higher profile names, they have all been in the trenches in their own ways.
You know, they have all done work in that community in their own way.
And so I think there is something to be said about that.
These these aren't, for the most part, candidates who have just come out of nowhere.
They've been in the work that they've been doing, the work in District five and Miles Murlrain.
He's done a lot to try to combat crime.
Ericka Dunlap, she does a lot of programs for seniors in that community.
She has lived in that community, even Miss America.
She she stayed in that community, lived in the same house there with her mom, Lawanna Gelzer.
Oh, she's no stranger to.
So I think all of them have been in the trenches for the most part in their own way.
It will be up to voters to decide what they want and how many of those voters will actually turn out.
>>Yeah, certainly a lot of people-- >>Yeah, random election in May.
>>A lot of people in that district are very invested in it.
>>They are.
>>Success I guess as well.
That shows.
What do you make of it, Jeff?
>>You know, you've got a large field of candidates and so it's going to be hard for one of them to break through and get that 50% that you have to have to avoid a runoff, which would be another election in June.
So we'll be interesting to see which one can kind of break through, get their voice out, really show that they are the one to continue on a lot of the efforts and things that Regina Hall is doing that people like in that area and I think, you know, maybe Ericka Dunlap, I was there when she lost.
She ran in 2017 and lost to Regina Hill, you know, So she's already kind of tried sometimes you see those folks that maybe didn't make it the first time around, maybe make it the next time around.
And so we'll have to wait and see.
And.
>>It's a rare opportunity.
You know, obviously, if if Regina Hill is found, if the charges are dropped, if she's found not guilty, then suddenly she's back.
But this is, you know, enough people see like this is a chance you get in there now, no matter what happens, you know, Regina Hill comes back.
You can see you were a former councilperson when you run again.
And if Regina Hill is found guilty, then you're there.
>>And it could be the start of what we will see as change on the Orlando City Council.
You know, especially with I think Buddy Mayor Dyer is not-- >>New mayor.
>>Yeah.
So you're forever, right?
>>Right.
So, yeah.
>>That's right.
He has been there for quite a while.
Well, it's certainly a race that we'll we'll keep watching, another interesting part of this election season.
Before we go, we wanted to remind you to join us next week for the first of a special two part NewsNight Conversation series, looking at some of the most important environmental challenges facing central Florida.
Stakeholders and experts will delve into the water issues facing our region.
Next Friday, we'll be checking in on efforts to clean up the Indian River Lagoon and the ongoing water quality issues facing our state's waterways.
That's NewsNight Conversations next Friday night at 8:30 on WUCF.
That is all the time we have for this week.
My thanks to Steven Lemongello from the Orlando Sentinel, Jeff Allen, Spectrum News 13, and Daralene Jones, WFTV, Channel 9.
Thanks for coming in, guys.
Really appreciate your time today.
We'll see you next Friday night at 8:30 here on WUCF.
From all of us here at NewsNight, take care and have a great week.

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