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Judges Ask if Florida School LGBTQ Plan Must ‘Shock’ Conscience

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A panel of Eleventh Circuit judges appeared divided Wednesday on whether the Florida parents who opposed a school policy on student names and pronouns—and inspired the state’s “don’t say gay” law—should have to meet a high legal bar that constitutional claims like theirs almost never survive.

US Court of Appeals for the Eleventh Circuit precedent is confusing and arguably contradictory on when the “shock the conscience” test applies, Judge Kevin C. Newsom said during oral arguments in a case that could clarify standards for 14th Amendment substantive due process challenges.

The parents, January and Jeffrey Littlejohn, had unsuccessfully sued to …


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