Women in Struggle, et al. v. Bain, et al. Historic Case

At a Glance

Date Filed: 

September 29, 2023

Current Status 

Women in Struggle and the individual plaintiffs filed their complaint and a temporary restraining order to enjoin enforcement of the anti-trans bathroom ban against them on September 29, 2023. On October 18, 2023, following the march, the plaintiffs voluntarily dismissed the case.

Co-Counsel 

Simone Chriss of Southern Legal Counsel

Client(s) 

Melinda Butterfield
Christynne Wood
Lindsey Spero
Tsukuru Fors
Anaïs Kochan
Brianna Kelly
Women in Struggle

Case Description 

An anticipated 1,000 people planned to march in Orlando, Florida on October 7, 2023 in support of transgender youth and other marginalized communities. But participants in this historic grassroots movement worried about their ability to safely express their opposition to the anti-trans and anti-queer legislation passed by the Florida Legislature and signed by Governor Ron DeSantis due to Florida Statute § 553.865. This law, also known as the Bathroom Ban, prevents transgender, gender nonconforming, and certain kinds of intersex people from accessing a restroom in line with their gender because it defines sex as one’s anatomy and naturally occuring hormones at birth. Our plaintiffs are six transgender and non-binary individuals, as well as one organization with transgender members involved in the march, who believe this viewpoint of sex is not only inaccurate, but also an impermissible suppression of their gender expression that forces them to identify as someone else. Because this law was motivated by nothing more than bare discrimination against transgender, gender nonconforming, intersex, and queer people, the plaintiffs believe it has no legitimate or compelling purpose. They sought an emergency order prohibiting the defendants—state officials or individuals who must comply with the law—from enforcing the ban against them so they could exercise their free speech rights without harm. 

Case Timeline

October 18, 2023
Plaintiffs voluntarily dismiss case
October 18, 2023
Plaintiffs voluntarily dismiss case
October 6, 2023
Court denies motion for temporary restraining order
October 6, 2023
Court denies motion for temporary restraining order
September 29, 2023
Temporary restraining order and complaint filed in Florida district court
September 29, 2023
Temporary restraining order and complaint filed in Florida district court