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Federal Appeals Court Dismisses Florida Case Over Gender Identity in Schools

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Federal Appeals Court Dismisses Florida Case Over Gender Identity in Schools

A federal appeals court ruled this week against a Florida couple who had sued officials in their child’s school district for disregarding their wishes and excluding them from discussions about the child’s gender identity.

The ruling adds to a complicated legal landscape concerning minors and gender identity. While Republican lawmakers across the country have sought to restrict gender-transition care and the expression of gender identity, federal courts have remained divided over whether such laws violate equal protection.

Some parents, like the ones in the Florida case, have argued that their rights should take precedence over a child’s professed wish to transition. Others, facing bans on transition care for teenagers, have argued that their children have a right to health care that they feel is necessary for their well-being.

At the center of the Florida case is January Littlejohn, who with her husband sued the Leon County School District in Tallahassee and has become a prominent promoter of parental rights. Now affiliated with an organization opposed to gender-transition care, she was a guest of the first lady, Melania Trump, at President Trump’s speech to Congress last week.

Ms. Littlejohn “is now a courageous advocate against this form of child abuse,” Mr. Trump said in his speech, nodding to her as he detailed the steps his administration had taken to “protect our children from toxic ideologies in our schools.”

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But two of the three judges who heard the case for the U.S. Circuit Court of Appeals for the 11th Circuit rejected the argument made by Ms. Littlejohn and her husband, and upheld a lower court’s decision to dismiss the case.

“Even if the Littlejohns felt that defendants’ efforts to help their child were misguided or wrong, the mere fact that the school officials acted contrary to the Littlejohns’ wishes does not mean that their conduct ‘shocks the conscience’ in a constitutional sense,” Judge Robin S. Rosenbaum wrote in the majority opinion.

A lawyer for the couple did not say whether the Littlejohns would appeal, but said “we cannot allow this assault on parental rights to remain unchallenged.”

“This decision wrongly emboldens school districts to act in secret, eroding the fundamental parental rights that have been upheld by the Supreme Court for more than 100 years,” said Vernadette Broyles, the president and general counsel for the Child & Parental Rights Campaign, a nonprofit law firm.

The child, who is not identified by name in the lawsuit, first asked to use they/them pronouns and a more masculine name ahead of the 2020-21 school year at Deerlake Middle School in Tallahassee. While the Littlejohns agreed to use a different name as a nickname, they did not explicitly agree to the use of different pronouns — something they told the school staff.

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At the time, the school district was using a 2018 guide that warned that “outing a student, especially to parents can be very dangerous” for a student’s well-being. And it allowed for a support plan that documented, in part, whether parents were “supportive” of a student’s identity or whether they were to be identified as L.G.B.T.Q. to their parents. (The guide was updated in 2022 after Florida passed a law prohibiting any classroom instruction about sexual or gender identity.)

When the Littlejohns learned of their child’s identity change, they asked the school why they had not been included in meetings setting up a support plan. Administrators said that because the child had not asked for their involvement, and because there was no law requiring parents to be informed, the school did not have to involve them in the decision.

“It’s our fundamental right to direct the upbringing of our children,” Ms. Littlejohn said in a video posted by the White House this month. “And that includes mental and physical health care.”

The Littlejohns sued the school district, the superintendent, the assistant superintendent equity officer and a school counselor, arguing that their parental due process and privacy rights had been violated. But Mark E. Walker, the chief judge for U.S. District Court for the Northern District of Florida, dismissed the case in December 2022. That decision upheld by the appeals court on Wednesday.

The school officials named in the case “did not force the Littlejohns’ child to do anything at all,” Judge Rosenbaum of the 11th Circuit Court of Appeals wrote. “And perhaps most importantly, defendants did not act with intent to injure. To the contrary, they sought to help the child.”

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A lawyer representing the school district and staff did not immediately respond to a request for comment.

After Mr. Trump singled out Ms. Littlejohn in his speech last week, Rocky Hanna, the Leon County Schools superintendent, told The Tallahassee Democrat: “To blatantly lie and disparage our teachers and our public schools to simply gain notoriety or political power is reprehensible. I only hope that truth and honesty matter more to our federal courts than it does to Ms. Littlejohn, our current governor and our current president.”

Wednesday’s ruling — 169 pages in total — reflected divisions on the court, including between the two judges who agreed to dismiss the case.

In his concurring opinion, Judge Kevin C. Newsom said he considered the actions taken by the school district officials “shameful.” But the question at hand, he wrote, was “whether it was unconstitutional.”

“If I were a legislator, I’d vote to change the policy that enabled the defendants’ efforts to keep the Littlejohns in the dark,” he wrote. “But — and it’s a big but — judges aren’t just politicians in robes, and they don’t (or certainly shouldn’t) just vote their personal preferences.”

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Senior Judge Gerald Bard Tjoflat, who dissented, warned that the decision “ignores bedrock separation of powers principles, waters down fundamental rights and flies in the face of our prior panel precedent rule.”

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Opinion | 13 George Washington Interpreters on Embodying an Icon

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Opinion | 13 George Washington Interpreters on Embodying an Icon

He was a father figure

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He was flawed

He was just a
dude

In our national memory, George Washington is a mythic figure, cast in metal, carved in stone. His leadership, first as general, then as president, is so intertwined with the roots of this country that it is sometimes hard to separate the man from the idea of America. How does one imagine the living presence of such an icon, much less embody him?

There is a small fraternity of men bold enough to try. At historical parks and commemorations from Virginia to Seattle, these interpreters (their preferred term) transform themselves into Washington. Each has his own approach, but what all their representations seek to capture is a legacy that has endured from his time to ours. If America, at least in part, is an idea, then our national project becomes, like theirs, an act of interpretation, an imperfect attempt to translate some idealized vision into the messy reality of our own time.

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— Ezekiel Kweku

“By some strange quirk
of genetics, I have
Washington’s exact
dimensions. Where my
sleeves fall on my wrist,
the size of my chest, the
size of my thighs, where
the breeches fall to my
knees, are all identical.”

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John Koopman, 67, often performs
while riding his horse, Bear. He
has portrayed Washington for 20 years.

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James Fryer, 70, wears a replica of a general’s uniform that Washington designed himself. He recently completed training to portray Washington for the nonprofit Historic Philadelphia.

“Some people portray George as a marble statue. I don’t do a marble George. I am interested in talking to everyone, even those who yell at me because George was a slave owner. I want to respect them, try to educate them, or maybe even inspire them.”

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Vern Frykholm, 77, was moved to bring his interpretation of Washington to Washington State, where he lives, after seeing a 2011 performance in Pennsylvania.


Dean Malissa, 73, signs his personal
correspondence, including emails,
as Washington did: “Your Most Humble
and Obedient Servant.” He became
the Official George Washington
at Mount Vernon in 2004, and held
that role for nearly 20 years.

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“I describe him sometimes as just a dude. I look at him and think, I could see myself in the same world, making similar bad decisions or similar good decisions.”

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Daniel Cross, 39, portrayed a young Washington at Virginia’s Colonial Williamsburg until last year. He now works with organizations around the country.


Curt Radabaugh, 62, has 13,000 history books in his personal library, including several hundred about Washington. He is a veteran of the U.S. Marines and a retired police officer.

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“He’s a mentor, a father
figure, and not only in the
sense that he’s a patriarch
of the country. Because
I grew up without a
father, he kind of became
my surrogate father.”

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Brian Hilton, 58, says he researches
Washington’s era every morning before
his children get up and at night after
they go to bed. He is a high school history
teacher near Richmond, Va.

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Daniel Shippey, 57, partners on interpretations with his wife, Kelly, who portrays Martha Washington. Kelly researched 18th-century hair techniques to create her husband’s costume hairstyle. They live in Virginia.

“You’re playing the myth of George Washington as well as the historical figure. I make his voice a little firmer and deeper than it probably was in real life. I play him a little funnier than he probably was. In reality, if you came to see him, he probably wouldn’t talk to you as much as I do.”

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Doug Thomas, 53, is Washington’s second cousin nine times removed.


John Godzieba, 67, has reenacted
the crossing of the Delaware as
Washington every Christmas for the
past 16 years at Pennsylvania’s
Washington Crossing Historic Park.

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“In many ways I don’t look like him. My eye color is wrong. My nose is wrong. My hair color is wrong. I wouldn’t have cast myself in this role.”

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Ron Carnegie, 64, has portrayed Washington at Colonial Williamsburg for 20 years.


Ryan Williams, 37, is a veteran who specializes in playing a young Washington during the French and Indian War. He lives in Virginia.

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“Some people portray
Washington almost
like a superhero.
I like to bring out that
he has faults. He’s a
person like you or me.”

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Michael Grillo, 64, is a historical
tailor who hand-sews his own clothes
for reenactments. He also makes
period props, including two American
battle flags and pewter mugs
engraved with Washington’s crest.

Martin Schoeller is a photographer and director known for his close-up portraits of everyone from world leaders and celebrities to female bodybuilders. For this project, he used a large format camera to photograph 13 historical interpreters of George Washington — many of whom arrived in full uniform — over three days in Virginia and New York City.

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Additional reporting by Tenzin D. Tsagong. Interviews have been edited and condensed for length and clarity. Top quotes from Brian Hilton, Daniel Shippey and Daniel Cross.

Produced by Sara Barrett, Danny DeBelius and Sam Whitney. Additional production by Olivia James.

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This Little Robot Cleans Windows

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One task the robots can take from us? Cleaning. Especially hard-to-access windows. So when writers Caroline Mullen and Evan Dent found this little guy — whose government name is “EcoVacs Winbot Mini” — they were intrigued. Could he clean the uncleanable? Caroline and Evan put their robot friend to the test at both the Wirecutter office and a high-rise apartment. Is a robo-window cleaner more effective than scrubbing yourself?

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Video: School Year Cut Short and Aid Delivery Slowed Amid Fuel Crisis in Cuba

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Video: School Year Cut Short and Aid Delivery Slowed Amid Fuel Crisis in Cuba

new video loaded: School Year Cut Short and Aid Delivery Slowed Amid Fuel Crisis in Cuba

A U.S. oil blockade imposed by the Trump administration has set off an increasingly agonizing energy crisis that has brought transportation largely to a standstill. In an effort to save energy resources, the government ended the school year early.

By McKinnon de Kuyper

June 22, 2026

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