“Don’t Say Gay”: Florida’s Blatant Attack on LGBTQ Rights in Education

Growing up in a predominantly liberal area of the United States, I have often found my upbringing has left me naively optimistic about the future of LGBTQ rights in this country. But as I have watched the events unfolding in Florida over the past several weeks, it has become more apparent to me than ever how far we have to go.

On March 8th, 2022, the Florida Senate passed the “Parental Rights in Education” bill, often referred to as the “Don’t Say Gay” bill by its opponents. 

The bill, which is argued by its supporters to be a measure that allows more parental control in public school education, states that “a school district may not encourage classroom discussion about sexual orientation or gender identity in primary grade levels or in a manner that is not age-appropriate or developmentally appropriate for students.” (Florida House of Representatives)

The bill does not, however, provide any further detail as to what exactly would be considered “age-appropriate” or “developmentally appropriate” under this measure. The vague language has also sparked fears over its potential application. Even though it states that the provisions apply to primary grade levels, which is defined as grades third and below if interpreted broadly, it could also apply to policies deemed “not age-appropriate” for any grade level, as explained by Rep. Carlos Guillermo Smith, D-Orlando, one of Florida’s few openly gay legislature members. (Wilson)

Additionally, the bill says “a school district may not adopt procedures or student support forms that require school district personnel to withhold from a parent information about his or her student’s mental, emotional, or physical health or well-being” unless “such disclosure would result in abuse, abandonment, or neglect.” (Florida House of Representatives)

The bill’s sponsor Sen. Dennis Baxley, R-Ocala, confirmed in a committee hearing in February that conversations about a child’s sexuality or gender identity are included under this provision. This means the bill would ban school districts from maintaining confidentiality policies that prohibit educators from providing information about a child’s sexuality or gender to their parents, unless a “reasonably prudent person” determines this disclosure could result in “abuse, abandonment, or neglect.” (Wilson)

The bill now heads to Republican Gov. Ron DeSantis, who has previously expressed his support for the bill. In February, he stated at a roundtable event held in Miami that discussions with students about gender identity are “entirely inappropriate.” (Wilson)

“Schools need to be teaching kids to read, to write,” he said. “They need more civics and understanding of the U.S. Constitution, what makes our country unique, all those basic stuff.”

DeSantis reaffirmed his support for the measure in March, stating that “we’re going to make sure that parents are able to send their kid to kindergarten without having some of this stuff injected into their school curriculum.” (Wilson)

If DeSantis does choose to sign the bill, it will become law on July 1st.

The argument that DeSantis is presenting here is at its least harmful, faulty logic, and at its most, terrifyingly dangerous. First of all, absolutely no one is arguing that teaching children about sexuality and gender should come at the expense of them learning how to read and write. But far more importantly, DeSantis’ rhetoric and the bill itself are blatant attacks on the LGBTQ community that seek to foster and promote bigotry against queer people.

The notion that sexuality and gender are “inappropriate” topics that parents need to “protect” their poor, innocent children from is truly disgusting. It makes queer students and educators alike feel ostracized and like their identities are inherently taboo or socially unacceptable.

Additionally, the ramifications of a bill that could possibly force students to be outed to their parents are truly appalling. No child should have the decision about if, when, or how to inform their parents about their sexuality or gender being taken away from them. It is a violation of their autonomy and privacy, and despite what the bill claims, could absolutely put them in danger even if a “reasonably prudent person” comes to the conclusion that it will not.

Data consistently shows that LGBTQ youth already experience substantial ostracism and mistreatment for their identity. The Centers for Disease Control and Prevention’s National Youth Risk Behavior Surveillance results from 2019 report that 43% of transgender youth, 29% of gay or lesbian youth, and 31% of bisexual youth have been bullied on school property compared to 18% of cisgender youth and 17% of straight youth. (Roberts) Additionally, 29% of transgender youth, 16% of gay and lesbian youth, and 11% of bisexual youth have been threatened or injured with a weapon on school property. (Roberts)

The consequences of such an unsupportive environment are evident on the well-being of LGBTQ students is horrifyingly obvious. 29% of transgender youth, 21% of gay and lesbian youth, and 22% of bisexual youth have attempted suicide compared to 7% of straight and cisgender youth. (Roberts)  

Ellen Kahn, the Human Rights Campaign Senior Director of Programs and Partnerships noted that the data demonstrated how “LGBTQ youth consistently face greater health disparities than their cisgender straight peers…LGBTQ students are not getting the support, affirmation, and safety they need and deserve. We must ensure adults are doing everything possible to support LGBTQ youth, especially those who are living at the intersections of multiple marginalized identities.” (Roberts) 

Legislation such as the “Don’t Be Gay” bill will only further encourage schools to become unsafe and unsupportive environments for LGBTQ youth and could inspire the enactment of similar laws across the country. Texas, Oklahoma, Louisiana, and Mississippi all have so-called “no promo homo” laws that prevent schools from promoting positive representation of LGBTQ identities. Furthermore, Arkansas, Tennessee, and Montana all passed bills in 2021 that allow parents to opt-out of school work that mentions sexuality and gender identity. (GLSEN)

Now more than ever, schools need to be prioritizing the creation of curriculums that actively include and affirm LGBTQ identities. Currently, seven states have passed legislation that will amend curriculum standards to require the inclusion of LGBTQ representation, which are California, Colorado Connecticut, Illinois, Nevada, New Jersey, and Oregon. (GLSEN)

But these victories feel hollow at best while so many other states take such tremendous steps backward. We will never truly make progress in this country until all LGBTQ people of all identities and marginalizations are being fully supported and protected everywhere.

Sources

https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h1557__.docx&DocumentType=Bill&BillNumber=1557&Session=2022 

https://www.tampabay.com/news/florida-politics/2022/02/08/floridas-dont-say-gay-bills-explained/ 

https://www.businessinsider.com/fight-over-floridas-dont-say-gay-bill-explained-2022-2 

https://www.nbcnews.com/nbc-out/out-politics-and-policy/florida-gov-ron-desantis-signals-support-dont-say-gay-bill-rcna15326 

https://www.nbcnews.com/nbc-out/out-politics-and-policy/dont-say-gay-bill-florida-senate-passes-controversial-lgbtq-school-mea-rcna19133 

https://www.hrc.org/news/new-cdc-data-shows-lgbtq-youth-are-more-likely-to-be-bullied-than-straight-cisgender-youth 

https://www.glsen.org/activity/inclusive-curriculum-standards