we say gay

So what exactly just happened in Florida with the ‘Don’t Say Gay’ bill?

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Ron DeSantis
Ron DeSantis (Photo: Shutterstock)

A court has prompted the state of Florida to agree a settlement over the controversial ‘Don’t Say Gay’ bill.

Lawmakers passed the ‘Parental Rights in Education Act’ in 2022. Governor Ron DeSantis quickly signed it into law.

It swiftly prompted legal action from those worried over how it would impact students and educators. Equality advocates are among those to criticize the law for trampling over LGBTQ+ rights and potentially harming kids.

That lawsuit has bounced back and forth through the court system, subject to amendments. Last month, a federal court said the plaintiffs—including parents, students and educators—had not “alleged sufficient facts” to challenge the law.

It now appears the lawsuit has been settled via a compromise.

Both plaintiffs and authorities in Florida are claiming victory. The plaintiffs say they’ve managed the minimize the harm they believe ‘The Parental Rights in Education’ bill can do. They’ve also cleared up its vague language.

They say the bill’s vagueness led to terror among teachers to even acknowledge the very existence of LGBTQ+ people.

DeSantis administration claims a win

However, supporters of the bill are claiming they won the case. They say the bill remains on the books and its core purpose remains in place.

“We fought hard to ensure this law couldn’t be maligned in court, as it was in the public arena by the media and large corporate actors,” state general counsel Ryan Newman said in a statement. “We are victorious, and Florida’s classrooms will remain a safe place under the Parental Rights in Education Act.”

On the other hand, Equality Florida called it a “landmark achievement in the fight for LGBTQ+ rights in Florida.”

Nadine Smith, Equality Florida’s Executive Director, said in a statement, “This settlement not only reaffirms the rights of LGBTQ+ students and educators to live and speak openly but also marks a significant step towards rectifying the damage inflicted by the ‘Don’t Say Gay or Trans’ law. It’s a testament to what we can achieve when we stand united against discrimination and for the dignity of all LGBTQ+ people in Florida.

“This victory is more than a legal triumph; it’s a beacon of hope and a reminder of the power of collective action.”

“Instruction” not “discussion”

The full ruling clarifies the barring of “classroom instruction” on “sexual orientation and gender identity”. However, “instruction” equates to “teaching” not “mere discussion”.

It says the Statute “would also leave teachers free to ‘respond if students discuss . . . their identities or family life,’ ‘provide grades and feedback’ if a student chooses ‘LGBTQ identity’ as an essay topic, and answer ‘questions about their families.’

“Moreover, ‘just as no one would suggest that references to numbers in a history book constitute “instruction on mathematics,”’ the Statute ‘would not prohibit incidental references in literature to a gay or transgender person or to a same-sex couple. Such references, without more, are not ‘instruction on’ those topics.”

Further clarifications in the settlement agreement include:

  • “The Statute ‘does not prohibit . . . mere classroom references to a person’s family-whether gay or straight, transgender or cisgender.’”
  • “The Statute does not restrict gay and transgender teachers from ‘put[ting] a family photo on their desk’ or ‘refer[ring] to themselves and their spouse (and their own children)’.”
  • “The statute does not ‘prohibit participation in extracurricular activities (such as ‘Gay-Straight Alliances’ or book fairs)’.”
  • The Statute “does not restrict ‘lines referring to LGBTQ issues’ in ‘musicals,’ ‘dancing between persons of the same gender’ at a school dance, or ‘wearing clothing inconsistent with students’ gender assigned at birth. None of that is ‘classroom instruction.'”
  • It adds that “Library books, without more, are not ‘classroom instruction’ and thus are not” covered by the legislation.

One of the plaintiffs expressed approval of the settlement.

Cecile Houry, who has a seven-year-old daughter, told the Tampa Bay Times, “It’s going to make a huge difference because the law was so vague that people stayed away from everything. Here it really defines what is not allowed, and everything else that is allowed.”

“My kid is at an age that she doesn’t stop talking about everything,” she said. “I feel better that I don’t have to worry about everything that comes out of her mouth.”

The Florida board of education will now write to all schools to advise them on the clarifications.

Florida legislature adjourns and anti-LGBTQ+ bills dropped

In related news, the Florida legislature adjourned Friday and the bulk of its proposed anti-LGBTQ+ bills for 2024 failed.

According to Truthout, 21 of 22 anti-LGBTQ+ bills were effectively killed.

The one bill that successfully passed, House Bill 1291, bars educating teachers about “identity politics” and systemic oppression.

According to the legislation, trainee teachers must not be taught “theories that systemic racism, sexism, oppression, and privilege are inherent in the institutions of the United States and were created to maintain social, political, and economic inequities.”

Related:

Lawmaker who supports Florida’s anti-LGBTQ laws attends Pride. Guess what happened.

Meet Republican Rep. Fabián Basabe.

Chasten slams DeSantis for expanding ‘Don’t Say Gay’ to all school years

DeSantis previously said ‘Don’t Say Gay’ was just for younger kids.

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