On March 8th, 2022, in the Florida Senate, legislators joined the state House in passing a bill that serves to prevent LGBTQ+ instruction in lower education. The “Parental Rights in Education” bill has been referred to by its opposers as the “Don’t Say Gay” bill, noting the strict prohibition of discussing sexual orientation or gender identity in any Kindergarten through third-grade classroom. The bill also limits the discussion of sexuality to “age-appropriate content” which can be applied to all grade levels to restrict LGBTQ+ topics for discussion. Republican and other conservative supporters claim that this bill is designed to keep parents informed about the education of their children, but its isolation of LGBTQ+ identity is a clear signal of discrimination on the basis of gender and sexual orientation.
Florida’s state education curriculum does not include these topics as a part of their comprehensive health education, so the law would mostly function to set the precedent that spectrums of gender and sexuality could be seen as inappropriate subject matter for children. Additionally, it intentionally does not provide teachers with a welcoming and comprehensive answer to questions that may be asked by students about these topics. Without this programming, teachers must choose to not answer such questions or to share personal beliefs with students, which may be even more harmful to children. This bill recently shifted to specifically target lesson plans, leaving the legality of the discussion up in the air. As if that wasn’t enough, this bill would allow parents to sue teachers and schools who speak about these identities.
Most importantly, this bill serves to make Florida youth and youth across the country feel alone and oppressed within their own identities. A Time article notes that this experience would only add to the feelings of isolation and fear that LGBTQ+ youth face, especially in a notably right-wing state. Not only would this law fail to protect these students, but it would create an unsafe space for them and lead to decreased mental health and increased rates of bullying.
Florida is not alone in the decision to pass discriminatory policies against LGBTQ+ people; the state joins Tennessee, Indiana, Oklahoma, and Kansas in funding similar bills. Currently, the Democrats and other leftist groups oppose these bills, citing their discriminatory ideas and advocating for LGBTQ+ youth, such as in this tweet from President Biden.
While this bill has ramifications that far outlast a single class period, an area of particular concern is sex education for these students. Across the country, there exists a spectrum of sex education, from strict abstinence-only teaching to positive and comprehensive health education. While these red states do not often stray far from abstinence-only, they are still obligated under the 14th Amendment to provide the same access to education for all students, regardless of identity factors like sexual orientation. I would argue that banning any identity from being discussed, especially in health education which is a topic that relies on identities, is a violation of this law.
In the midst of feedback surrounding this bill, it has become abundantly clear that no one, not even the legislators themselves, is able to articulate exactly what issue arose to require this bill. Articles cite supporters of the bill announcing their support for parental control over the information their children receive, which would include reducing their identification with the LGBTQ+ community at a young age. And it’s not just that these parents don’t want their kids exposed to sexually explicit material and conversation–this bill intentionally fails to clarify the context in which this ban applies. This means that completely appropriate material, such as a children's book that includes LGBTQ+ characters, would be banned, not just sex-related material. Insinuating that these LGBTQ+ materials are not age-appropriate for young students is an inherent sexualization of LGBTQ+ people and a statement of hate towards their lives.
Clearly, Florida does not stand alone in its Senate’s decision. An online resource Freedom for All Americans has a tracker where you can view all of the current bills in motion across the United States. If you filter by a category, you can find anti-transgender and anti-LGBTQ bills by state. In 2022 alone (just over two months!) Tennessee has collected 14 anti-trans and 31 anti-LGBTQ bills, followed closely behind by Iowa and Arizona.
Currently, the bill waits for Florida Governor Ron DeSantis’ approval, which he has led many to believe he will give. This bill and so many others across the country stand to target and harm already at-risk youth solely on the basis of their gender identity and sexual orientation.
By Sydney Sullivan