Florida’s “Don’t Say Gay” Law: Legal Settlement Clarifies Scope for Discussions on Sexual Orientation and Gender Identity in Classrooms
Florida education officials and a coalition of LGBTQ advocacy groups, families, and individuals reached a settlement on Monday, clarifying the scope of Florida’s controversial “Parental Rights in Education” law, also known as the “Don’t Say Gay” bill. This significant development comes after over a dozen plaintiffs filed a lawsuit arguing that the legislation’s vague language would discourage discussions on LGBTQ topics in schools.
Plaintiffs Challenged the Law’s Vague Language
The plaintiffs, which included civil rights organizations, parents, students, and teachers, contested the statute that initially prohibited instruction on sexual orientation and gender identity from kindergarten to third grade and restricted discussing these topics “in a manner that is not age appropriate” in all other grades. A year later, the Florida education board voted to expand this restriction to include all grades, with potential consequences for teachers who violated the state policy, such as suspension or loss of teaching licenses.
The Settlement: Formal Instruction Only
The settlement agreement specifies that the law only applies to formal classroom instruction and does not restrict discussions on gender or sexuality that may emerge during class participation or students’ schoolwork. This clarification is expected to alleviate concerns among teachers, as several had reported feeling confused about the restriction’s implementation and fear of repercussions for discussing LGBTQ topics or answering students’ questions.
Teachers’ Permissible Roles in Addressing Students’ Questions and Discussions
The settlement also permits teachers to respond to students who share details about their same-sex parents, provide feedback on students’ work related to LGBTQ themes, and answer questions about their own LGBTQ relationships or family members. Furthermore, school personnel are not prohibited from intervening when a student is being bullied due to their gender or sexuality.
Celebrating a Major Victory for LGBTQ Students, Teachers, and Families
Roberta Kaplan, a lawyer representing the plaintiffs, hailed the settlement as a significant achievement for the thousands of LGBTQ students, teachers, parents, and their allies throughout Florida. She emphasized that the agreement legitimizes gay student groups, safeguards against discrimination and bullying, and allows students to openly express their identities within educational institutions.
Background: National Trend of Legislation Restricting Discussions on LGBTQ Topics in Classrooms
This settlement comes amid a larger trend of Republican-led state and federal legislative efforts to restrict discussions on pronouns, gender identity, and sexuality in classrooms. The “Don’t Say Gay” bill is just one example of this broader movement aimed at limiting the rights and representation of LGBTQ Americans, which includes attempts to ban or remove books containing LGBTQ characters, authors, or themes from school libraries.
The Future of Florida’s “Parental Rights in Education” Law
DeSantis’ office has also expressed satisfaction with the settlement and expects the case to be dismissed by the court soon. The Florida Board of Education is expected to notify school districts about the clarifications provided in the settlement.
It is essential to recognize that while the statute prohibits teachers from using books to instruct students on sexual orientation and gender identity, it does not ban materials containing LGBTQ themes. The settlement’s determination regarding library books is a crucial development in the context of ongoing efforts to remove such literature from schools and universities.
