As is stated in the article the school officials were not interested in working the situation out by using other neutral terms, they wanted to force a nonbinary person to go by female pronouns and titles. Hugs. Scottie
A Florida state law that went into effect in July 2023 prevents public school teachers from using pronouns that do not align with their sex assigned at birth.
AV Vary became a teacher to help teenagers through the painful experience of growing up and to teach some science along the way.
Over the course of 15 years, Vary has taught in the Orlando area and in Maryland. Most recently, Vary taught at the Florida Virtual School, a statewide online public school for kindergarten through 12th grade students.
But on Oct. 24, Vary was terminated from FLVS after refusing to change the courtesy title used on school materials and communications from “Mx.” to “Ms.,” “Mrs.” or “Miss.”
Vary is nonbinary and uses they/them pronouns. AV Vary is not their full legal name, but they requested to only be referred to as such out of concern for their privacy.
FLVS issued a statement in response to USA TODAY’s request for an interview about Vary’s termination.
“As a Florida public school, FLVS is obligated to follow Florida laws and regulations pertaining to public education. This includes laws such as section 1000.071(3) of the Florida Statutes pertaining to the use of Personal Titles and Pronouns within Florida’s public school system,” the statement read.
Vary’s termination came as a lawsuit challenging Florida’s “Don’t Say Gay” law sits in an appeals court and districts struggle to fill vacant teaching positions.
Vary told USA TODAY in an interview that they have filed a complaint with the Equal Employment Opportunity Commission over the matter and are seeking legal counsel. They said their fight to get back into the classroom is not just for them, but for the students too.
“I am a human being… I have feelings and my goals in life are positive ones. I want to see my students be successful in however they define success,” Vary said. “Yeah, this is a fight for my rights. But this is also a fight for the kindness, compassion and respect for every individual in the country.”
Florida statute requires teachers to use titles and pronouns corresponding to biological sex
Documentation reviewed by USA TODAY showed that leadership at FLVS asked Vary to change their courtesy title from Mx. to Ms., Mrs., or Miss in accordance with Florida Statue 1000.071.
The statute states that every public K-12 educational institute must operate under the understanding that a person’s sex is biological and unchangeable. As such, employees may not provide pronouns that do not align with their biological sex.
The law went into effect in July 2023 after Governor Ron DeSantis signed HB1069, which is considered an expansion of the 2022 “Don’t Say Gay” bill. A lawsuit on behalf of Family Equality and Florida families challenging the 2022 bill went to an appeals court in March 2023 after a Florida judge dismissed the original suits for not showing direct harm from the bill.
Vary said that, before termination, they offered other gender-neutral suggestions for courtesy titles.
While Vary does not hold a PhD., “Dr.” is a gender-neutral title that other teachers and administrators in Florida schools use. But Vary said FLVS wouldn’t allow Vary to use it on the grounds that they did not hold a PhD. The school said Vary could go without a courtesy title, but they were not comfortable with that.
Vary also recommended “professor,” “teacher” and “coach” as alternatives. The school did not permit those either.
“Clearly, to me FLVS is not simply concerned with following the law. There’s something more to it,” they said.
Vary said being visibly nonbinary was a safety signal for Florida students
Vary’s students have known them as Mrs. Vary, Professor Vary or Mx. Vary, depending on when they worked together.
When Vary started at FLVS in July 2021, they felt that “misunderstood female” was the best way to describe their gender. They have also truncated their legal name for students, as a way to protect their boundaries as a teacher. But over time, Vary learned more about what it means to be nonbinary and it resonated with them, as they don’t identify entirely with women’s or men’s social norms.
Vary also said there was more to their decision to use Mx. than reflecting their own identity. In the face of anti-LGBTQ laws being passed in Florida, Vary wanted to signal to students that they were an ally.
“I needed a way for my students’ first impressions of me to be that I was safe, because underrepresented minority communities need people who can protect them, especially when they’re teenagers,” Vary said.
Vary worried for colleagues amid teacher shortage
Vary said they have never lost a job before FLVS. They got into science in part because the teachers are in such high demand. They have a partner with a good salary that can help cushion the job loss as they try to get reinstated.
But in the meantime, Vary worries for colleagues.
“When I got the voicemail that I was suspended, my first thought was, ‘Oh, my colleagues, they’re now going to have way more students than they should. They’re gonna have to put in more hours than they’re getting paid for,'” Vary said. “Teacher overwork all over again.”
Vary said they felt that school leaders tried to remain neutral in the weeks leading up to their termination. But their final call became heated and Vary said the school hung up on them.
“I recognize that FLVS is in a tough position. They have to uphold Florida State law. At the same time, they’re committed to upholding the U.S. Constitution,” Vary said. “Right now, those two things are mutually exclusive.”
Vary’s complaint to the EEOC alleges that the school discriminated against them because of their sex and gender identity.
They have contacted some lawyers who said that the case may have some merit, but would be too big or too expensive to take on. Vary is exploring advocacy groups as well, or possibly joining with other people who have experienced the same thing.
“It would be unrealistic to expect any individual to cover this on their own,” Vary said. “But with a community of like minded individuals who believe in civil rights, I think that we can take it as far as it needs to go.”
Florida test scores are abysmal, teachers are fleeing the state and profession, books are banned, Black history is whitewashed, kids are doing heil hitler to my children, but a nonbinary teacher at Florida school fired for using 'Mx.' as courtesy title https://t.co/jdJS0GruMZ
First they came for the Drag Queens Then they came for the Gender Non Conforming and Non Binary Then they came for the Transgender Then they came for the Lesbians and Gays
Right to work state, so the easy answer says there isn’t a case to be had. If plaintiff wants to find a lawyer that’s willing to argue Title IX gender discrimination, that might work but it will take decades and more money than any teacher will earn in a lifetime.
“Florida test scores are abysmal, teachers are fleeing the state and profession, books are banned, Black history is whitewashed, kids are doing heil hitler to my children, but a nonbinary teacher at Florida school fired for using ‘Mx.’ as courtesy title”
And every day DeSantis goes onto a stage to polish his turds, pretends that he is a friend to all Jews. Going so far as to make threats against tiny island nations in the Caribbean.
Yet every single day that passes he fails to say so much as one word against real-life neo-Nazis who chant his name and wave his banners. Nazis love him and not only does he know it… they know it, too.
And of course while Putin supports all the actual attackers of democracy and Republicans support him attacking Ukraine while pretending he’s not behind Iran using Hamas to pick this very fight with intolerable atrocities…. in hopes of solidifying Netanyahu turning Israeli democracy into fascism as they hope to do here, and not just in Florida.
And the media make no issue of it. If they cared about democracy, they’d keep after him about it. But every outrage is allowed to slide, just as they let them slide with Trump, are STILL letting them slide. There is no rightist outrage which the media aren’t normalizing.
What DO they talk about? They busy themselves spreading GOP talking points as if they were the truth. They ignore or belittle election results and harp on polls, the way they did in the lead-up to the Midterms, pushing the “red wave is coming” BS. “Biden is too old!” They never mention Trump is just a few years younger AND showing clear signs of losing it. They shrug their shoulders over his ongoing threats to establish an obvious dictatorship if he regains the Oval Office. THAT’S their laughable IDEA of how to do their jobs as the “Guardians of Democracy.”
If Trump were still in office and the economic numbers were what they are under Biden, the media would be in ecstasies, trying 24/7 to convince everyone how GREAT things were. With Biden, they sneer and talk only about how people are “unhappy with high prices,” as though they wouldn’t be, for the same reasons, just as high if a Republican were in the White House. And, of course, they never mention that things are much worse everywhere else in the world. These dishonest men and women don’t report the news–they manipulate it to harm Democrats and help the GOP, the party their oligarch owners want in charge, the party, led by an evil MADMAN, that will establish the dictatorship THEY want.
I am an older gay guy in a long-term wonderful relationship. My spouse and I are in our 36th year together. I love politics and news. I enjoy civil discussions and have no taboo subjects. My pronouns are he / him / his and my email is Scottiestoybox@gmail.com
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