Florida Parental Rights In Education Act
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Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
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 Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
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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 Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...
or
gender identity Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent, and consistent with the i ...
from
kindergarten Kindergarten is a preschool educational approach based on playing, singing, practical activities such as drawing, and social interaction as part of the transition from home to school. Such institutions were originally made in the late 18th cent ...
through to
third grade Third grade (also called grade three, equivalent to Year 4 in England) is a year of primary education in many countries. It is the third school year of primary school. Students are usually 8–9 years old. Examples of the American syllabus *I ...
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 Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...
or
gender identity Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent, and consistent with the i ...
, from parents; and prohibits public schools from preventing parents from accessing the education and health records of students. The
Florida House of Representatives The Florida House of Representatives is the lower house of the Florida Legislature, the state legislature of the U.S. state of Florida, the Florida Senate being the upper house. Article III, Section 1 of the Constitution of Florida, adopted ...
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 The Florida Senate is the upper house of the Florida Legislature, the state legislature of the U.S. state of Florida, the Florida House of Representatives being the lower house. Article III, Section 1 of the Constitution of Florida, adopted ...
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 The governor of Florida is the head of government of the state of Florida and the commander-in-chief of the state's military forces. The governor has a duty to enforce state laws and the power to either approve or veto bills passed by the Florida ...
Ron DeSantis Ronald Dion DeSantis (; born September 14, 1978) is an American politician serving as the 46th governor of Florida since January 2019. A member of the Republican Party, DeSantis represented Florida's 6th district in the U.S. House of Repres ...
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 Lesbian, gay, bisexual and transgender (LGBT) rights in the United States are among the most socially, culturally, and legally permissive and advanced in the world, with public opinion and jurisprudence on the issue changing significantly si ...
and the main statewide organization for
LGBT rights in Florida Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Florida are largely considered to be socially liberal compared to other states, and LGBT residents enjoy most of the same rights as non-LGBT residents. Same-sex sexual a ...
, the
Human Rights Campaign The Human Rights Campaign (HRC) is an American LGBTQ advocacy group. It is the largest LGBTQ political lobbying organization within the United States. Based in Washington, D.C., the organization focuses on protecting and expanding rights for LGB ...
and
Equality Florida Equality Florida is a political advocacy group that advocates for civil rights and protections for lesbian, gay, bisexual, transgender, and queer (LGBTQ) residents of the U.S. state of Florida. Equality Florida consists of two organizations - Equ ...
, 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 The LGBT community (also known as the LGBTQ+ community, GLBT community, gay community, or queer community) is a loosely defined grouping of lesbian, gay men, gay, bisexuality, bisexual, transgender, and other queer individuals united by a comm ...
,
LGBT history LGBT history dates back to the first recorded instances of same-sex love and sexuality of ancient civilizations, involving the history of lesbian, gay, bisexual, and transgender (LGBT) peoples and cultures around the world. What survives af ...
,
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, and
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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 Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...
or
gender identity Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent, and consistent with the i ...
. The opponents include students, parents,
pediatricians Pediatrics ( also spelled ''paediatrics'' or ''pædiatrics'') is the branch of medicine that involves the medical care of infants, children, adolescents, and young adults. In the United Kingdom, paediatrics covers many of their youth until the ...
, psychologists, civil rights and human rights organizations, the
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, the
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, lawyers, and major businesses.
The Walt Disney Company The Walt Disney Company, commonly known as Disney (), is an American multinational mass media and entertainment conglomerate headquartered at the Walt Disney Studios complex in Burbank, California. Disney was originally founded on October ...
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 The Reedy Creek Improvement District (RCID) is the governing jurisdiction and special taxing district for the land of Walt Disney World Resort. It includes within the outer limits of Orange and Osceola counties in Florida. It acts with the sa ...
. Massive walkouts were held by students in middle schools and
high schools A secondary school describes an institution that provides secondary education and also usually includes the building where this takes place. Some secondary schools provide both '' lower secondary education'' (ages 11 to 14) and ''upper seconda ...
across
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
and throughout the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
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 A news agency is an organization that gathers news reports and sells them to subscribing news organizations, such as newspapers, magazines and All-news radio, radio and News broadcasting, television Broadcasting, broadcasters. A news agency may ...
in the world, the
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; prominent domestic
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s, including
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,
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, and the
Los Angeles Times The ''Los Angeles Times'' (abbreviated as ''LA Times'') is a daily newspaper that started publishing in Los Angeles in 1881. Based in the LA-adjacent suburb of El Segundo since 2018, it is the sixth-largest newspaper by circulation in the Un ...
; prominent domestic
news media The news media or news industry are forms of mass media that focus on delivering news to the general public or a target public. These include news agencies, print media (newspapers, news magazines), broadcast news (radio and television), and th ...
, including
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,
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, and
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; and prominent foreign news media, including
ABC ABC are the first three letters of the Latin script known as the alphabet. ABC or abc may also refer to: Arts, entertainment, and media Broadcasting * American Broadcasting Company, a commercial U.S. TV broadcaster ** Disney–ABC Television ...
(Australia),
BBC #REDIRECT BBC #REDIRECT BBC Here i going to introduce about the best teacher of my life b BALAJI sir. He is the precious gift that I got befor 2yrs . How has helped and thought all the concept and made my success in the 10th board exam. ...
...
(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 Lesbian, gay, bisexual and transgender (LGBT) rights in the United States are among the most socially, culturally, and legally permissive and advanced in the world, with public opinion and jurisprudence on the issue changing significantly si ...
, the
Human Rights Campaign The Human Rights Campaign (HRC) is an American LGBTQ advocacy group. It is the largest LGBTQ political lobbying organization within the United States. Based in Washington, D.C., the organization focuses on protecting and expanding rights for LGB ...
; the main statewide organization for
LGBT rights in Florida Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Florida are largely considered to be socially liberal compared to other states, and LGBT residents enjoy most of the same rights as non-LGBT residents. Same-sex sexual a ...
,
Equality Florida Equality Florida is a political advocacy group that advocates for civil rights and protections for lesbian, gay, bisexual, transgender, and queer (LGBTQ) residents of the U.S. state of Florida. Equality Florida consists of two organizations - Equ ...
; and the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
official for
LGBT rights at the United Nations Discussions of LGBT rights at the United Nations have included resolutions and joint statements in the United Nations General Assembly and the United Nations Human Rights Council (UNHRC), attention to the expert-led human rights mechanisms (such ...
, the
United Nations Independent Expert on Protection against violence and discrimination based on sexual orientation and gender identity The United Nations Independent Expert on Protection against violence and discrimination based on sexual orientation and gender identity is a United Nations Independent Expert appointed by the United Nations Human Rights Council under its special p ...
.


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 The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of aca ...
,
Equality Florida Equality Florida is a political advocacy group that advocates for civil rights and protections for lesbian, gay, bisexual, transgender, and queer (LGBTQ) residents of the U.S. state of Florida. Equality Florida consists of two organizations - Equ ...
, and President Joe Biden. Despite that, on February 24, the bill passed the Florida House. It then passed the
Florida Senate The Florida Senate is the upper house of the Florida Legislature, the state legislature of the U.S. state of Florida, the Florida House of Representatives being the lower house. Article III, Section 1 of the Constitution of Florida, adopted ...
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 Christina Maria Cody Pushaw (born September 3, 1990) is an American political aide, serving as rapid response director for the 2024 presidential campaign of Ron DeSantis. She is a member of the Republican Party. Early life and education Pusha ...
has called HB 1557 an "Anti- Grooming Bill" and falsely claimed that anyone who opposes the bill is " probably a groomer."
California governor The governor of California is the head of government of the U.S. state of California. The governor is the commander-in-chief of the California National Guard and the California State Guard. Established in the Constitution of California, the g ...
Gavin Newsom Gavin Christopher Newsom (born October 10, 1967) is an American politician and businessman who has been the 40th governor of California since 2019. A member of the Democratic Party, he served as the 49th lieutenant governor of California fr ...
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 Tulsi Gabbard (; born April 12, 1981) is an American politician, United States Army Reserve officer and political commentator who served as the U.S. representative for Hawaii's 2nd congressional district from 2013 to 2021. Gabbard was the fi ...
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 The First Amendment (Amendment I) to the United States Constitution prevents the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, the ...
, and could be potentially unconstitutional.
Walkout In labor disputes, a walkout is a labor strike, the act of employees collectively leaving the workplace and withholding labor as an act of protest. A walkout can also mean the act of leaving a place of work, school, a meeting, a company, or an ...
s by students were held in schools across Florida in response to the bill. Nationally, 158 companies (including
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, Hilton,
American Airlines American Airlines is a major airlines of the United States, major US-based airline headquartered in Fort Worth, Texas, within the Dallas–Fort Worth metroplex. It is the Largest airlines in the world, largest airline in the world when measured ...
, and
Airbnb Airbnb, Inc. ( ), based in San Francisco, California, operates an online marketplace focused on short-term homestays and experiences. The company acts as a broker and charges a commission from each booking. The company was founded in 2008 b ...
) signed a
Human Rights Campaign The Human Rights Campaign (HRC) is an American LGBTQ advocacy group. It is the largest LGBTQ political lobbying organization within the United States. Based in Washington, D.C., the organization focuses on protecting and expanding rights for LGB ...
petition opposing the bill. The
American Psychological Association The American Psychological Association (APA) is the largest scientific and professional organization of psychologists in the United States, with over 133,000 members, including scientists, educators, clinicians, consultants, and students. It ha ...
has also voiced opposition to the law.


The Walt Disney Company

Employees at
The Walt Disney Company The Walt Disney Company, commonly known as Disney (), is an American multinational mass media and entertainment conglomerate headquartered at the Walt Disney Studios complex in Burbank, California. Disney was originally founded on October ...
planned walkouts over the bill, which culminated in a large protest. The company and CEO
Bob Chapek Robert Alan Chapek (born 1960) is an American media executive who was the chief executive officer (CEO) of The Walt Disney Company from 2020 to 2022. Before becoming CEO, Chapek had a 26-year career with The Walt Disney Company, beginning in th ...
(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 UnitedHealth Group Incorporated is an American multinational managed healthcare and insurance company based in Minnetonka, Minnesota. It offers health care products and insurance services. UnitedHealth Group is the world's seventh largest ...
($200,000),
Publix Publix Super Markets, Inc., commonly known as Publix, is an employee-owned American supermarket chain headquartered in Lakeland, Florida. Founded in 1930 by George W. Jenkins, Publix is a private corporation that is wholly owned by present and ...
($125,000),
Charter Communications Charter Communications, Inc., is an American telecommunications and mass media company with services branded as Spectrum. With over 32 million customers in 41 states, it is the second-largest cable operator in the United States by subscribe ...
($102,000),
AT&T AT&T Inc. is an American multinational telecommunications holding company headquartered at Whitacre Tower in Downtown Dallas, Texas. It is the world's largest telecommunications company by revenue and the third largest provider of mobile te ...
($86,000),
Anheuser-Busch Anheuser-Busch Companies, LLC is an American brewing company headquartered in St. Louis, Missouri. Since 2008, it has been wholly owned by Anheuser-Busch InBev SA/NV (AB InBev), now the world's largest brewing company, which owns multiple glo ...
($75,000), Duke Energy ($34,000),
Comcast Comcast Corporation (formerly known as American Cable Systems and Comcast Holdings),Before the AT&T merger in 2001, the parent company was Comcast Holdings Corporation. Comcast Holdings Corporation now refers to a subsidiary of Comcast Corpora ...
/
NBCUniversal NBCUniversal Media, LLC is an American multinational mass media and entertainment conglomerate corporation owned by Comcast and headquartered at 30 Rockefeller Plaza in Midtown Manhattan, New York City, United States. NBCUniversal is primari ...
($28,000), and
Walgreens Walgreen Company, d/b/a Walgreens, is an American company that operates the second-largest pharmacy store chain in the United States behind CVS Health. It specializes in filling prescriptions, health and wellness products, health information, a ...
($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 Ipsos Group S.A. () (an acronym of ) is a multinational market research and consulting firm with headquarters in Paris, France. The company was founded in 1975 by Didier Truchot, Chairman of the company, and has been publicly traded on the P ...
, more than 6 in 10 Americans oppose laws like the Florida Parental Rights in Education Act. A
University of Florida The University of Florida (Florida or UF) is a public land-grant research university in Gainesville, Florida. It is a senior member of the State University System of Florida, traces its origins to 1853, and has operated continuously on its ...
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 The margin of error is a statistic expressing the amount of random sampling error in the results of a survey. The larger the margin of error, the less confidence one should have that a poll result would reflect the result of a census of the e ...
high. A
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/
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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 The National Center for Lesbian Rights (NCLR) is a non-profit, public interest law firm in the United States that advocates for equitable public policies affecting the lesbian, gay, bisexual, and transgender (LGBT) community, provides free legal ...
, and public attorney Elizabeth F. Schwartz on behalf of
Equality Florida Equality Florida is a political advocacy group that advocates for civil rights and protections for lesbian, gay, bisexual, transgender, and queer (LGBTQ) residents of the U.S. state of Florida. Equality Florida consists of two organizations - Equ ...
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 CenterLink is an American LGBT organisation which was founded in 1994 as a member-based coalition to support the development of strong, sustainable, LGBTQ community centers. A fundamental goal of CenterLink’s work is to strengthen, support, and ...
, through the
Southern Poverty Law Center The Southern Poverty Law Center (SPLC) is an American 501(c)(3) nonprofit legal advocacy organization specializing in civil rights and public interest litigation. Based in Montgomery, Alabama, it is known for its legal cases against white s ...
, Southern Legal Counsel, and
Lambda Legal Lambda Legal Defense and Education Fund, better known as Lambda Legal, is an American civil rights organization that focuses on lesbian, gay, bisexual, and transgender (LGBT) communities as well as people living with HIV/ AIDS ( PWAs) through i ...
, filed suit against four Florida school districts' boards (those of the
Orange County Public Schools Orange County Public Schools (OCPS) is the public school district for Orange County, Florida. It is based in the Ronald Blocker Educational Leadership Center in downtown Orlando. As of the 2021-22 school year, OCPS has an enrollment of 206,246 s ...
, the School District of Palm Beach County, the School District of Indian River County, and the
Duval County Public Schools Duval County Public Schools (DCPS) is the public school district that serves the families and children residing in the urban, suburban, and rural areas of the City of Jacksonville and Duval County, Florida. As of 2015, the district had an enroll ...
), 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 The Stop the Sexualization of Children Act was United States federal legislation introduced in the 117th Congress which would prohibit all federally-funded institutions from using such funds to instruct children on "sexually-orientated" materials ...
, a version of the bill in the
US House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they c ...
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 The Texas Heartbeat Act, Senate Bill 8 (SB 8), is an act of the Texas Legislature that bans abortion after the detection of embryonic or fetal cardiac activity, which normally occurs after about six weeks of pregnancy. The law took effect ...
, include a
private right of action A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a p ...
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 Kay Ellen Ivey (born October 15, 1944) is an American politician serving as the 54th and incumbent governor of Alabama since 2017. Originally a conservative Southern Democrat, Ivey became a member of the Republican Party in 2002. She was the 38t ...
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