Don't Say Gay

The Florida Parental Rights in Education Act, commonly known as the Don't Say Gay act or as the Don't Say Gay or Trans act, is a Florida state law passed in 2022 that enacts several new statutes for public schools in Florida, which prohibits public schools from having "classroom discussion" or giving "classroom instruction" on sexual orientation or gender identity from kindergarten through to third grade or in any manner deemed to be against state standards in all grades; prohibits public schools from adopting procedures or student support forms that maintain the confidentially of a disclosure by a student, including the confidentially of a disclose by a student of their sexual orientation or gender identity, from parents; and prohibits public schools from preventing parents from accessing the education and health records of students.

The Florida House of Representatives passed the bill in a 69 to 47 vote on February 24, 2022, with 68 Republicans and 1 Democrat voting for it and 40 Democrats and 7 Republicans voting against it. The Florida Senate passed the bill in a 22 to 17 vote on March 8, 2022, with 22 Republicans voting for it and 15 Democrats and 2 Republicans voting against it. Florida Governor Ron DeSantis signed the bill on March 28, 2022, and it went into effect on July 1, 2022. The main nationwide organization for LGBT rights in the United States and the main statewide organization for LGBT rights in Florida, the Human Rights Campaign and Equality Florida, responded by stating that DeSantis had "placed Florida squarely on the wrong side of history" and "attacked parents and children in our state" by signing the bill.

It has been described as the "Don't Say Gay" act or as the "Don't Say Gay or Trans" act by its opponents who have criticized it for prohibiting education about the LGBT community, LGBT history, LGBT rights, and same-sex marriage in early grades and restricting such education in any manner that is deemed to be against state standards in all grades; for potentially censoring classroom discussion about LGBT families by the children of LGBT parents; and for potentially forcing public schools to out LGBT children against their will to parents not accepting of their sexual orientation or gender identity. The opponents include students, parents, pediatricians, psychologists, civil rights and human rights organizations, the United States, the United Nations, lawyers, and major businesses. The Walt Disney Company was vocal in its opposition following pressure from its employees, precipitating in an ongoing feud between Disney and DeSantis, which precipitated in the elimination of the Reedy Creek Improvement District. Massive walkouts were held by students in middle schools and high schools across Florida and throughout the United States in opposition to what they described as the "Don't Say Gay" bill, with large crowds of students chanting "We Say Gay", "Gay Lives Matter", and "We Fight For Gay Rights" in response.

Etymology

The act is officially titled the "Parental Rights in Education Act" and is described as "An act relating to parental rights in education" in the act itself.

It is more commonly known as the "Don't Say Gay" act or as the "Don't Say Gay" bill, as it has been described in headlines by most prominent news agency in the world, the Associated Press; prominent domestic newspapers, including The New York Times, The Washington Post, and the Los Angeles Times; prominent domestic news media, including ABC, CNN, and Fox News; and prominent foreign news media, including ABC (Australia), BBC (Britain), and CBC (Canada).

It is also known as the "Don't Say Gay or Trans" act or as the "Don't Say Gay or Trans" bill, as it has been described in statements by the main nationwide organization for LGBT rights in the United States, the Human Rights Campaign; the main statewide organization for LGBT rights in Florida, Equality Florida; and the United Nations official for LGBT rights at the United Nations, the United Nations Independent Expert on Protection against violence and discrimination based on sexual orientation and gender identity.

Legislative history

Republican Florida state Sen. Dennis K. Baxley originally introduced SB 1834 "Parental Rights in Education" into the Senate on January 7, 2022, but it later died. On January 11, Republican Florida state Rep. Joe Harding along with the Education and Employment Committee introduced a companion version into the House. Known informally as the "Don't Say Gay" bill, it prohibited teachers from discussing LGBTQ+ related topics in classrooms from kindergarten to third grade. The legislation has been opposed by the American Bar Association, Equality Florida, and President Joe Biden. Despite that, on February 24, the bill passed the Florida House. It then passed the Florida Senate on March 8, with Baxley in full support.

Support and opposition

Supporters of the bill state that discussions about sexuality and gender identity with very young children should be handled by a child's parents, and not by their schools; DeSantis's Press Secretary Christina Pushaw has called HB 1557 an "Anti- Grooming Bill" and falsely claimed that anyone who opposes the bill is " probably a groomer." California governor Gavin Newsom called out Pushaw by remarking "I say grooming – yeah it should offend".

Some conservatives, such as political commentator Matt Walsh, argue that the bill does not go far enough. Former Democratic presidential candidate Tulsi Gabbard also argued that the bill should have been more expansive. Gabbard stated instead of kindergarten to grade 3, the legislation should encompass students from kindergarten to 12th grade.

There are concerns among some legal scholars that the proposed legislation within Florida could violate the First Amendment to the United States Constitution, and could be potentially unconstitutional. Walkouts by students were held in schools across Florida in response to the bill.
Nationally, 158 companies (including Marriott, Hilton, American Airlines, and Airbnb) signed a Human Rights Campaign petition opposing the bill. The American Psychological Association has also voiced opposition to the law.

The Walt Disney Company

Employees at The Walt Disney Company planned walkouts over the bill, which culminated in a large protest. The company and CEO Bob Chapek (despite earlier maintaining no stance), as well as Disney heir Charlee Corra all decided to publicly oppose the bill, with Corra also using the moment to come out as transgender. The company received heavy criticism from DeSantis and many conservative media outlets for its opposition to the bill.

Other corporate donations

Donations to politicians supporting the bill include UnitedHealth Group ($200,000), Publix ($125,000), Charter Communications ($102,000), AT&T ($86,000), Anheuser-Busch ($75,000), Duke Energy ($34,000), Comcast/ NBCUniversal ($28,000), and Walgreens ($28,000). Many of these companies—such as UnitedHealth Group, AT&T, Duke Energy, Comcast/NBCUniversal, and Walgreens—have been noted for "publicly promot ng themselvesas fighting for LGBTQ rights".

Public opinion

According to an online poll conducted by Ipsos, more than 6 in 10 Americans oppose laws like the Florida Parental Rights in Education Act. A University of Florida poll showed voters are divided – 49% strongly or somewhat disapproved of the legislation and 40% strongly or somewhat approved. The poll's small sample size made the margin of error high. A Yahoo! News/ YouGov poll found that 76% of Republicans support the legislation. The poll found that 24% of Democrats supported the bill, 24% responded "not sure", and 52% opposed it. A poll from the Republican campaigning company Public Opinion Strategies found that 61% support the legislation while 26% oppose it, 67% of parents support the legislation while 24% oppose it, and 51% of Democrats support the legislation while 29% oppose it.

Legal challenges

On March 31, a lawsuit was filed in federal court by law firm Kaplan Hecker and Fink, the National Center for Lesbian Rights, and public attorney Elizabeth F. Schwartz on behalf of Equality Florida and Family Equality, which sought to block the bill on the grounds that it was unconstitutional. The lawsuit alleged that the bill violates the constitutionally protected rights of free speech, equal protection and due process of students and families, and argued that the bill was an effort to "control young minds" which prevented students from living "their true identities in school".

On July 26, Florida high school student Will Larkins and the national LGBT+ organization CenterLink, through the Southern Poverty Law Center, Southern Legal Counsel, and Lambda Legal, filed suit against four Florida school districts' boards (those of the Orange County Public Schools, the School District of Palm Beach County, the School District of Indian River County, and the Duval County Public Schools), claiming the law's "vigilante enforcement mechanism," combined with its "intentionally vague and sweeping scope, invites parents who oppose any acknowledgement whatsoever of the existence of LGBTQ+ people to sue, resulting in schools acting aggressively to silence students, parents, and school personnel." A representative for Duval County stated that the school administration "will always take steps necessary to comply with Florida laws." In October 2022, federal judge Wendy Berger dismissed the suit, for lack of standing, which challenged the legislation effective since July 1. She gave the plaintiffs 14 days to file a revised lawsuit.

Derivative legislation

Federal

Republican Representative Mike Johnson of Louisiana introduced the Stop the Sexualization of Children Act, a version of the bill in the US House of Representatives titled the which has gained 32 GOP cosponsors. The bill is argued by its critics to not only replicate but go further than the Parental Rights in Education Act, as it would prohibit LGBTQ material in all federal facilities, prohibit drag performances in all federally-funded institutions, and similar to the Texas Heartbeat Act, include a private right of action clause enabling parents and guardians to sue institutions which hold such performances.

State

At least 20 states have had their legislatures introduce derivative bills of the Parental Rights in Education Act. In April 2022, Alabama became the second state to pass a similar bill, with governor Kay Ivey signing House Bill 322, legislation which additionally requires all students to use either male or female bathrooms in Alabama public schools based on their biological sex. It is noted that some states have had similar provisions to Florida's law since the 1980s, though they have never gained the name of "Don't Say Gay" bills by critics until recently.

Notes

References

{{reflist

Further reading

* Sosin, Kate (April 20, 2022)
‘Don’t Say Gay’ bills aren’t new. They’ve just been revived.
''The 19th''. Retrieved April 27, 2022.

External links

Source Text from the Florida Senate

2022 in Florida
2022 in American law
2022 in LGBT history
2022 controversies in the United States
LGBT in Florida
Florida law
LGBT-related controversies in the United States
United States education law
LGBT law in the United States
Censorship of LGBT issues
Discrimination against LGBT people in the United States
Censorship in the United States
Ron DeSantis
Florida statutes