Florida “Don’t Say Gay” Bill Settlement. Are We Back on Track?

March 12, 2024
ALEXANDER

Florida "Don't Say Gay" Bill Settlement. Are We Back on Track?

Yesterday, Florida education officials and civil rights attorneys reached a settlement that provides new clarification on Florida's "Don't Say Gay" bill, with some changes that will positively affect the classroom setting for LGBTQ students and staff. This settlement comes two years after the bill's existence, with the LGBTQ community wondering just what could be discussed in the classroom, and what materials could be made available to questioning or identifying students.

Some positive changes. Under the settlement, the Florida Board of Education will be sending instructions to all school districts clarifying that the bill does NOT prohibit discussing the LGBTQ community, nor prevent the institution of Gay-Straight Alliances on campus, nor prohibit anti-bullying restrictions based on orientation or gender identity. It also allows LGBTQ-related books in the library as long as they are not being used in classroom instruction. It also clarifies that the law applies to both heterosexual and LGBTQ groups, it is neutral.

Roberta Kaplan, lead civil rights attorney for the plaintiffs, states, “What this settlement does, is, it re-establishes the fundamental principal, that I hope all Americans agree with, which is every kid in this country is entitled to an education at a public school where they feel safe, their dignity is respected and where their families and parents are welcomed."

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Under the bill, legally titled the Parental Rights in Education Act, sexual orientation teaching and discussion of gender identity was initially barred in kindergarten through third grade, and expanded to all grades last year. During this time, queer-identifying teachers reported fear of being open in the workplace, by even having a picture of their loved one in the classroom, LGBTQ books were removed from classrooms, Miami-Dade County School Board declined to celebrate LGBTQ History Month, and even lines mentioning sexual orientation were removed from school musicals.

This settlement comes after the initial lawsuit, presented on behalf of the teachers, students, and parents was dismissed by a federal judge last year. It was appealed to the Eleventh Circuit Court of Appeals.

Equality Florida Executive Director released a statement: "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 bill remains a template for LGBTQ prohibitions in Alabama, Arkansas, Indiana, Iowa, Kentucky and North Carolina.