Saying ‘Gay’: Out of Class or Out of Mind?
April 2022 | Britannia Woodhouse, Staff Writer/Editor
In March of 2022, Florida’s governor Ron DeSantis signed a bill called the “Parental Rights in Education” bill, formally titled HB 1557. Opponents of the bill have nicknamed it the “Don’t Say Gay” bill. The bill reads “Classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in kindergarten through grade 3 or in a manner that is not age-appropriate or developmentally appropriate for students in accordance with state standards.”[1] Essentially, the bill intends to prohibit classroom discussion on sexual orientation and gender identity for this age group, as many lawmakers and parents believe it is inappropriate. The bill allows for parents to sue a school district if they violate this policy or are believed to violate it. HB 1557 goes into effect on July 1st, 2022.[2]
Supporters of HB 1557 argue that the reasoning behind its implementation is so that parents can use their own discretion to determine if, when, and how to introduce topics such as sexual orientation and gender identity to their children. DeSantis also stated that topics of this nature are not appropriate in any place, but especially not in Florida. He said that teaching kids of this age that “they can be whatever they want to be” is “inappropriate.”[3] Ultimately, lawmakers and supporters intend to keep conversations regarding sexuality and gender inside the home and outside of schools.
Opponents of HB 1557 are suing the state of Florida over the bill, as they believe its true intent is to marginalize the LGBTQ+ community. They also argue that HB 1557 violates the constitutionally protected rights of free speech and equal protection.[4] The challenge was filed in Tallahassee on behalf of two LGBTQ+ advocacy groups known as Equality Florida and Family Equality. Their reasoning is that the law purposely employs vague and arbitrary language, using phrases such as “classroom instruction” and “age-appropriate” that are never clearly defined in the bill. Broad language like this opens up the opportunity for parents to sue and possibly win over any perceived violation, no matter how subjective. Moreover, these groups argue that the vague language included in the bill is intended to be discriminatory, as it causes confusion on what is and is not prohibited. They believe this puts LGBTQ+ rights at risk because children who are a part of the LGBTQ+ community in Florida are now even more underrepresented and marginalized in schools, as discussions about their identities are being restricted and criminalized.
Opponents have repeatedly argued the constitutionality of HB 1557, as there is a possible threat to the First Amendment right of free speech and the Fourteenth Amendment right of equal protection granted by the Constitution. The argument is that members of the LGBTQ+ community have the right of free speech and equal protection like everyone else, which allows them to discuss topics such as sexuality and gender, even in schools. The bill’s supporters have argued against this, however, saying that these topics simply have no place in primary education. Nonetheless, in the lawsuit filed by Equality Florida and Family Equality, they state that “the United States Supreme Court has repeatedly affirmed that LGBTQ people and their families are at home in our constitutional order. The State of Florida has no right to declare them outcasts, or to treat their allies as outlaws, by punishing schools where someone dares to affirm their identity and dignity.”[5] It is also well-known that the historical case in the United States Supreme Court known as Obergefell v. Hodges granted the right to same-sex marriage in all states, as the right to marry falls under the equal protection clause of the Fourteenth Amendment.[6] Opponents to HB 1557 are raising the question of whether the bill puts this historical case and all of the progress of LGBTQ+ rights that stemmed from it in jeopardy. Whether or not the bill is constitutional is a highly controversial debate, but ultimately it will be up to the courts to decide.
HB 1557, also known as the “Don’t Say Gay” bill in Florida, has prompted lawmakers in other states such as Ohio, Louisiana, and Texas to consider drafting similar bills. Texas Governor Greg Abbott has stated that his top priority in the next session is to draft a bill that mimics Florida’s.[7] Although details within the bills will vary between different states, the intention for them all seems to be the same: to prohibit school discussion on sexual orientation and gender identity. Arjee Restar, an epidemiology professor at the University of Washington, says that "the institutionalization of these bills is an overt form of structural transphobia and homophobia, and it goes against all public health evidence in creating a safe and supportive environment for transgender, nonbinary, queer, gay and lesbian youths and teachers to thrive.”[8] There is a very clear risk that comes with other states adopting the same law, since it may prompt lawmakers all over the country to draft legislation that mirrors or surpasses the restrictions in HB 1557. It is especially problematic given the vague language and possible violations of the First and Fourteenth Amendments with the original bill. Ultimately, HB 1557 and similar bills in the future will endanger the rights of LGBTQ+ individuals in the United States.
Sources
Jaclyn Diaz, “Florida's governor signs controversial law opponents dubbed 'Don't Say Gay'.” National Public Radio. March 28, 2022.
Florida House of Representatives. Parental Rights in Education. HB 1557. (2022).
Jaclyn Diaz, “Florida's governor signs controversial law opponents dubbed 'Don't Say Gay'.” National Public Radio. March 28, 2022.
The Associated Press, “LGBTQ groups sue Florida over the so-called 'Don't Say Gay' law.” National Public Radio. April 1, 2022.
Ibid.
Obergefell v. Hodges. 576 U.S. 674 (2015).
Dustin Jones & Jonathan Franklin, “Not just Florida. More than a dozen states propose so-called 'Don't Say Gay' bills.” National Public Radio. April 10, 2022.
Ibid.