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On February 15, 2024, the ACLU and ACLU of Montana filed an amicus brief urging the U.S. Court of Appeals for the Ninth Circuit to leave in place an injunction against enforcement of a Montana law that infringes minors’ First Amendment rights by restricting their ability to attend drag performances.

On January 24, 2024, the ACLU and ACLU of Florida filed an amicus brief with the U.S. Court of Appeals for the Eleventh Circuit supporting HM Florida-ORL, which operates the restaurant and bar Hamburger Mary’s in Orlando, in its lawsuit alleging that a Florida law infringes upon minors’ First Amendment rights by prohibiting them from attending drag performances.

In February 2020, several parents anonymously sued the Madison Metropolitan School District in Wisconsin state court. The parents claim that the school district’s guidance that seeks to provide support for transgender, non-binary, and gender-expansive students violates parental rights by allowing students to use names and pronouns at school different from those they were assigned at birth, without providing parental notification absent a student’s consent. The ACLU and ACLU of Wisconsin intervened in the case on behalf of LGBTQ student groups at schools in the district to help defend the district’s guidance.

In September of 2019, Peter Vlaming, a French teacher at West Point High School, refused to address a transgender boy in his class with he/him pronouns. Instead, the teacher avoided using pronouns when addressing the student, while continuing to use gendered pronouns when addressing everyone else. After several warnings, the school district told the teacher he needed to address the student with male pronouns (the same way he addressed other boys) or he would be fired. The teacher refused; the school district fired him, and Vlaming, represented by the Alliance Defending Freedom, filed a suit in state court arguing that the school district violated his free speech and free exercise rights under the Virginia Constitution and Virginia’s RFRA.