April 15, 2024

Don’t Say Gay Settlement

The Don’t Say Gay Bill (HB 1557), signed by Governor Ron DeSantis in 2022, criminalized discussions about sexual orientation and gender identity in kindergarten through eighth-grade classrooms, banned safe spaces and select books in public schools, and was intended to stoke an environment of hostility towards any teacher, staff, or student who held a Queer or Trans identity. It was a terrifying legislative win for homophobia, transphobia, and miseducation. However, thanks to tireless grassroots organizing and public outcry at the legislative overreach, a settlement was reached on March 11th, 2024 to clarify what the state can actually legislate. 

The settlement, agreed upon by the State of Florida and plaintiffs including students, parents, educators, and LGBTQ+ advocacy groups, clarifies, among other things, that while formal classroom instruction on sexual identity and gender orientation is prohibited, students and teachers are allowed to discuss these topics in public schools in informal settings. The agreement was seen as a victory by both the plaintiffs and Governor DeSantis’s administration, with each side interpreting the settlement as affirming their stance on the law. Eek. So, what did this settlement do? 

Clarity and Freedom of Expression: While the original legislation was vague and excessive in its scope, the settlement clarified and narrowed what can be legislated, and what can be discussed in Florida’s public schools regarding sexual orientation and gender identity. Students, teachers, and parents now have a clearer understanding that discussions about LGBTQ+ topics, books featuring LGBTQ+ topics or characters, LGBTQ+ safe spaces, and Gay-Straight Alliances are allowed to persist in informal settings such as classroom discussions and extracurricular activities, without fear of censorship or reprisal.

Inclusive Environment: The settlement ensures that efforts to foster a more inclusive environment in Florida schools can no longer be criminalized, punished, or eliminated in the ways it had been after the initial passage of Don’t Say Gay.. LGBTQ+ students, parents, and educators can openly express their identities and discuss LGBTQ+ themes without facing legislated discrimination, silencing, or criminalization. Whereas initially, some schools banned activities like Gay-Straight Alliances (GSAs) and books with literary references with LGBTQ+ content, to ensure they were in alignment with the vagaries of the bill, the settlement has restored those inclusivity practices in an effort to continue promoting a sense of belonging for LGBTQ+ individuals within the educational system.

Educational Opportunities: With the clarification that LGBTQ+ topics can be discussed in various educational contexts so long as it does not constitute ‘formal instruction’, students have more opportunities to engage with diverse perspectives and learn about different identities. This clarification has restored what could contribute to a more comprehensive and inclusive education, encouraging dialogue, understanding, and acceptance among students from various backgrounds.

Legal Precedent: Florida is the incubator and test grounds for a vast majority of anti-LGBTQ+ legislation in this country. The Don’t Say Gay bill is one of the most copy-catted (see our blog post on copycat legislation)  pieces of anti-LGBTQ+ legislation. The settlement sets an important legal precedent not only regarding LGBTQ+ rights and education in Florida, but regarding what constitutes a legislative overreach. In Florida, it signifies a balance between parental rights and the promotion of diversity and inclusion in school settings. In states and municipalities that have copied this type of vague legislation, this legal settlement signifies the boundaries people are willing to allow the law to extend to. This could have implications for similar laws and policies in other states, potentially influencing future discussions and legal decisions related to LGBTQ+ education.

Continued Advocacy: While this legal settlement has significantly reduced the harmful overreach and threat to LGBTQ+ individuals the Don’t Say Bill tried to incur, it further highlights the ongoing need for advocacy and awareness regarding LGBTQ+ rights in education. Advocates may continue working to address remaining challenges, such as comprehensive LGBTQ+ curriculum inclusion, anti-bullying measures, and support for LGBTQ+ students, educators, and families.

Overall, the impacts of the settlement include promoting inclusion, clarifying educational boundaries, and providing a framework for navigating LGBTQ+ issues in Florida’s public schools, with potential ripple effects on a broader scale.

Sources:
https://www.nytimes.com/2024/03/11/us/florida-dont-say-gay-law-settlement.html
https://abcnews.go.com/US/settlement-challenge-floridas-dont-gay-law-clarifies-scope/story?id=108042198
https://www.pbs.org/newshour/show/what-floridas-dont-say-gay-settlement-changes-and-what-restrictions-remain#:~:text=Yes%2C%20so%2C%20basically%2C%20the,2022%2C%20when%20it%20was%20passed.