Florida’s “Don’t Say Gay/LGBTQ” law has been defanged. More than a dozen Florida parents, students, and teachers, plus LGBTQ organizations Equality Florida and Family Equality, who had challenged the law’s constitutionality, reached a settlement yesterday that removes the most harmful, anti-LGBTQ aspects of the legislation.
The Background
Florida Governor Ron DeSantis (R), signed the original “Don’t Say Gay/LGBTQ” law (actually titled “Parental Rights in Education”) in March 2022, prohibiting discussion of sexual orientation or gender identity in primary grades and restricting it to an undefined age-appropriateness in higher grades. The plaintiffs sued the next day—but the law went into effect in July 2022. It was expanded to cover all grades last spring.
The Settlement
The settlement in the federal lawsuit, brought against the Florida State Board of Education, Florida Department of Education, and several school districts, does not repeal the law, but secures several critical protections and clarifications, per an Equality Florida press release:
- Free Expression Restored: Students and teachers can now speak and write freely about sexual orientation and gender identity in classroom participation and assignments.
- Anti-Bullying Protections Strengthened: The settlement reinforces safeguards against bullying based on sexual orientation and gender identity.
- Gay-Straight Alliances Protected: GSAs are officially protected, providing students with essential support and advocacy spaces.
- Classroom References Clarified: The law cannot prohibit references to LGBTQ+ individuals, relationships, families, or topics in any educational or extracurricular context.
- Non-Discrimination Assured: Targeting LGBTQ+ persons, couples, families, or issues under the guise of this law is explicitly forbidden.
- Extracurricular Activities Protected: Participation in and support of LGBTQ+ student clubs and cultural presentations remain unaffected.
The law still prohibits “classroom instruction” on sexual orientation or gender identity, but that must be applied neutrally, “whether the subject addresses heterosexuality, homosexuality, bisexuality, cisgender identities, transgender identities, or otherwise,” according to a press release from the plantiffs’ legal team. That’s not ideal, in my opinion—there’s an argument to be made for neutral instruction on sexual orientation and gender identity in health classes, at the very least—but nevertheless, the settlement achieves some important goals.
In addition to the protections listed above, the settlement means that LGBTQ-inclusive books are allowed in school libraries, although they cannot be used for the aforementioned “classroom instruction” on sexual orientation and gender identity. Literary references to LGBTQ people, couples, and identities, however, are allowed in classrooms, since they are not “instruction” on those topics. (This raises the question of when a book becomes “instructive,” as many books with LGBTQ characters also explain what the characters’ identities mean even if this isn’t the main theme (When Aidan Became a Brother is just one example); it will be interesting to see how this plays out or if it leads to more rounds of book challenges as titles are assessed.) Also allowed are “book fairs that include LGBTQ+ focused books, musicals or plays with LGBTQ+ references or characters, participation and expression by LGBTQ+ persons in other extracurricular events like school dances, or the wearing of clothing that is affiliated with LGBTQ+ persons or issues or that does not conform with one’s perceived gender identity.”
The settlement also requires the State Board of Education to send the agreement to every school district, making clear that it “reflects the considered position of the State of Florida on the scope and meaning of this law.”
The Impact
Plaintiff Cecile Houry, part of a two-mom couple, told the Tampa Bay Times that her 7-year-old daughter “doesn’t stop talking about everything,” and now, “I feel better that I don’t have to worry about everything that comes out of her mouth.”
Lead Counsel Roberta Kaplan of Kaplan Hecker & Fink LLP, who also represented Edie Windsor in the landmark 2013 U.S. Supreme Court case that dismantled key parts of the Defense of Marriage Act, said in a statement, “Simply put, the State of Florida has now made it clear that LGBTQ+ kids, parents, and teachers in Florida can, in fact, say that they are gay. We cannot overemphasize our gratitude for the courage of our clients—the nineteen plaintiffs who stood up against prejudice and hate, even within their own local communities.”
Nadine Smith, executive director of Equality Florida, added, “This victory is more than a legal triumph; it’s a beacon of hope and a reminder of the power of collective action. It demonstrates our ongoing commitment to a Florida where everyone, regardless of their sexual orientation or gender identity, can live authentically and without fear.”
This victory is more than a legal triumph; it’s a beacon of hope and a reminder of the power of collective action.
Nadine Smith, executive director, Equality Florida
Shannon Minter, legal director of the National Center for Lesbian Rights, which also represented the plaintiffs, said, “Today’s settlement reaffirms the rights of Florida’s students and teachers to openly discuss and learn about LGBTQ+ people, marking a victory for free expression and inclusivity for LGBTQ+ students, families, and teachers alike. It ensures that conversations about LGBTQ+ identities are not banned from the classroom, promoting a much-needed culture of empathy and acceptance.”
Allowing students to talk about their families and themselves is critical. All families deserve to be respected and celebrated. This agreement is not just a triumph for LGBTQ+ families but for all families.
Jaymes Black, president and CEO, Family Equality
And Family Equality President & CEO Jaymes Black said the decision “allows LGBTQ+ students, families, and teachers to bring their whole selves to class each day. For students to reach their potential, schools must be places where a child’s life is welcome in discussions and is fully seen. Allowing students to talk about their families and themselves is critical. All families deserve to be respected and celebrated. This agreement is not just a triumph for LGBTQ+ families but for all families.”
Because the law was not overturned entirely, however, Gov. DeSantis’s office is spinning it as “a major win against the activists who sought to stop Florida’s efforts to keep radical gender and sexual ideology out of the classrooms.” His statement adds, “The media wrote countless stories lying about the intent, design, and application of the law. The activists carried these same lies into the courtroom—thankfully, to no avail.”
I don’t believe the stories were lies; as Equality Florida has shown us all along, there have been concrete examples of the negative impact of the law. DeSantis seems to be backpedaling fast as this settlement comes just after most anti-LGBTQ bills in the state failed to move forward this session, as Erin Reed reports. Smith explained further in her statement:
Florida has already endured nearly two years of book banning, educators leaving the profession, and safe space stickers being ripped off of classroom windows in the wake of this law cynically targeting the LGBTQ+ community. This settlement is a giant step toward repairing the immense damage these laws and the dangerous political rhetoric has inflicted on our families, our schools, and our state. The message to school districts, superintendents, and teachers alike is clear: Protect every student and respect every family.
This settlement is a significant victory for LGBTQ equality and a testament to the dedication of the plaintiffs and the lawyers and organizations supporting them.
(Bonus thought: Am I surprised that Kaplan, Jaymes, and Smith are all parents themselves and that Minter describes himself as “dad” to a large menagerie of pets? I am not. The “Parental Rights” law was clearly the will of only a small subset of parents.)