Florida Governor Ron DeSantis (R) has signed the state’s discriminatory ‘Don’t Say Gay’ bill into law, prohibiting discussion of sexual orientation or gender identity in primary grades and restricting it to an undefined age-appropriateness in higher grades. The damage the bill could cause goes beyond just that, however.
The new law (HB 1557), actually titled “Parental Rights in Education,” which goes into effect on July 1, 2022, says specifically that “A school district may not encourage classroom discussion about sexual orientation or gender identity in primary grade levels or in a manner that is not age-appropriate or developmentally appropriate for students.” Parents can sue school districts that don’t comply.
In addition, it also requires that schools must notify a student’s parent about any changes “related to the student’s mental, emotional, or physical health or well-being.” Parental involvement in students’ lives is usually a good thing, and there are few who would argue with the bill’s stated purpose to “reinforce the fundamental right of parents to make decisions regarding the upbringing and control of their children”—however (and it’s a big however), making parental notification an absolute requirement like this could result in LGBTQ students being outed to their parents, which in some unfortunate cases could actually endanger the students’ well-being and safety.
Supporters of the bill have been touting the age-old falsehood that discussing these topics means discussing sex. DeSantis himself has said, “If you’re protesting this law, you’re in favor of injecting sexual instruction into 5-, 6- and 7-year-old kids,” and his press secretary, Christina Pushaw, compared supporters of the bill to pedophiles or supporters of pedophilia.
I’m sure readers here understand what a load of crap that is and how damaging this law will be. Amy Turkel, interim executive director of the ACLU of Florida, put it bluntly in a statement, saying, “Governor DeSantis and the politicians who supported this anti-LGBTQ+ law are seeking to erase LGBTQ+ families from our communities. Because of this anti-LGBTQ+ law, teachers and students will be silenced from speaking and learning about LGBTQ+ siblings, family members, friends, neighbors, and icons.”
She added:
This law stigmatizes LGBTQ+ people, isolates LGBTQ+ kids, and makes teachers fearful of providing a welcoming and inclusive classroom. It will have a real and devastating impact on LGBTQ+ youth, who already experience higher rates of bullying and suicide. At a time when Governor DeSantis and others are spreading dangerous misinformation about transgender youth, we need more access to education, not less.
One thing that can help ameliorate suicide risk among LGBTQ youth? “Positive content about LGBTQ people and issues in classroom curriculums,” per research from the Trevor Project.
I’ll also stress that while the law is catchily referred to as the “Don’t Say Gay” law, it had its origins with a case involving a nonbinary student whose unsupportive parents claimed the school “helped their child transition to a different gender without informing them,” reports Politico. This law isn’t just about gay people, but about the entire LGBTQ community, with trans and nonbinary people likely taking the brunt of it, because they are the current key target of right-wing demagogues.
Fortunately, LGBTQ advocates and legal organizations are already preparing to fight the law. Turkel explained:
This law is unconstitutional and dangerous. Students have a First Amendment right to receive information at school, free of political or partisan censorship. Banning talk about parents serves no legitimate educational purpose and in fact, is detrimental to students. Targeting LGBTQ+ youth and families is discriminatory, cruel, and an impediment to students’ and teachers’ rights to equal protection under the law. All young people deserve an inclusive and accurate education, free from censorship or discrimination.
Daniel Putnam, Furman Scholar at New York University School of Law, also wrote at NBC News about why he believes the law violates “fundamental free speech and due process rights.” He even explains that the law’s vague wording could be interpreted to mean that neither queer nor straight teachers could mention their spouses in schools, since to do either could be construed as a discussion of sexual orientation. (He rightly notes, though, that “We can assume straight teachers are less likely to be caught in the crosshairs of HB 1557 than their LGBTQ colleagues.”)
Equality Florida, the state’s leading LGBTQ advocacy organization, said in a statement that it will “defend the rights of all students to have a healthy environment to learn and thrive and for all parents to know their families are included and respected. This law will not stand. We will work to see it removed either by the courts as unconstitutional or repealed by the legislature.”
“Be more involved in your school districts than you have ever been before. Document any instance where a school fails to meet their obligation safeguarding your child.”
Nadine Smith, executive director of Equality Florida and a queer mom herself, noted in an interview with The 19th that Equality Florida is also preparing a legal defense fund to defend school districts from expected lawsuits. She advised LGBTQ parents to “Be more involved in your school districts than you have ever been before. Document any instance where a school fails to meet their obligation safeguarding your child.”
[Updated, 3/31/22: Equality Florida has joined the National Center for Lesbian Rights and families in Florida in filing a lawsuit against the State of Florida over this law.]
To the LGBTQ children, children of LGBTQ parents, and all LGBTQ people in Florida, I say: Please know that many people are fighting for you and that you are valued just as you are.
To stress that point, I’ll close with a video from Human Rights Campaign (HRC) Interim President Joni Madison to LGTBQ+ youth in Florida and across the country, recounting her own story of coming out to her teacher in rural North Carolina:
