Florida ‘Don’t Say Gay’ settlement loosens LGBTQ+ restrictions in classrooms

The source of this story was Beth Hawkins and The 74

A settlement has been reached in a lawsuit challenging Florida’s controversial “Don’t Say Gay” law that restricted classroom instruction related to sexual orientation and gender identity. The agreement clarifies what is and is not allowed under the law, in an attempt to resolve confusion and fears around its implementation. Beth Hawkins has more for The 74, an education news publication.

Attorneys representing students, parents and teachers in Florida have settled their lawsuit against the state over the Parental Rights in Education Act, known by critics as the “Don’t Say Gay” law.

The 2022 law originally banned classroom instruction on sexual orientation and gender identity in kindergarten through 3rd grade. It was later expanded to restrict such instruction in all grades.

The vague language of the law and related regulations from the state Board of Education led to fears that any discussion of LGBTQ topics or people would be prohibited in schools. Teachers began removing pride flags, stickers and books with LGBTQ characters from classrooms.

Survey data from the Williams Institute at UCLA showed 9 in 10 queer parents in Florida feared the impact of the law, with over half considering leaving the state.

Under the settlement announced this week, the law remains in effect but with key clarifications. Specific instruction on sexual orientation and gender identity is still banned, such as teaching an overview of gender theory or a particular view on marriage equality.

However, the agreement stipulates that the law does not prohibit “mere discussion” of LGBTQ people or topics that arise naturally in classroom settings, such as a student writing about their family for an essay.

Lead attorney Roberta Kaplan, who represented the plaintiffs, said the settlement means “LGBTQ+ kids, parents and teachers in Florida can, in fact, say that they are gay.”

The agreement requires education officials to send the settlement terms to all school districts, emphasizing that discrimination and harassment based on sexual orientation and gender identity must be prohibited.

It also states that references to LGBTQ people or relationships in classroom materials like books do not constitute prohibited instruction, any more than a math word problem about apples constitutes instruction on farming.

Florida Governor Ron DeSantis hailed the deal as a “major win,” saying his law remains intact while providing what he called “common sense clarifications.”

However, LGBTQ advocates say the nationwide chilling effect from such laws has already taken hold, with increasing rates of anti-LGBTQ harassment, bullying and violence reported in schools across the country.

The U.S. Department of Education is investigating the recent death of a non-binary Oklahoma teenager after a fight in a school bathroom, a case highlighting the safety concerns for LGBTQ youth.

Katie Blankenship, director of the free speech group PEN America’s Florida chapter, calls the settlement a positive step but expects “uneven” compliance from schools initially, depending on local demographics.

She says the “bubble of fear” created by the vague law has been “popped” but that challenges will remain, as legislators in many states pursue similar legislation restricting LGBTQ topics in the classroom.