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Florida education officials and civil rights attorneys recently reached a settlement that provides clarity on the discussion of sexual orientation and gender identity in the state’s classrooms.
This settlement follows the controversial “Don’t Say Gay” law, which prohibited formal instruction on these topics in early grades. The resolution aims to offer guidance on what is allowed, addressing concerns about LGBTQ+ visibility and inclusivity in Florida schools.
Two years ago, Florida passed the “Don’t Say Gay” law, prohibiting formal instruction on sexual orientation and gender identity in early grades. This law created confusion about whether teachers could openly identify as LGBTQ+ and if symbols like rainbow stickers were allowed in classrooms. The contentious legislation became a template for similar laws in other states, including Alabama, Arkansas, Indiana, Iowa, Kentucky, and North Carolina.
The settlement clarifies several key points regarding the implementation of the “Don’t Say Gay” law in Florida classrooms:
Teachers and students can engage in discussions about sexual orientation and gender identity. However, these topics should not be part of formal instruction in early grades.
Anti-bullying rules based on sexual orientation and gender identity remain permissible, ensuring a safer environment for LGBTQ+ students.
Gay-Straight Alliance groups are allowed, fostering a supportive community for LGBTQ+ students.
The law is clarified to be neutral, ensuring that what applies to LGBTQ+ individuals also applies to heterosexual individuals. It doesn’t restrict library books unless used for instructional purposes.
Books with incidental references to LGBTQ+ characters or same-sex couples are exempt from the law, as they are not considered instructional on sexual orientation or gender identity.
Roberta Kaplan, the lead attorney, emphasized, “What this settlement does is, it re-establishes the fundamental principle that every kid in this country is entitled to an education at a public school where they feel safe, their dignity is respected, and where their families and parents are welcomed.”
The settlement is described as a “major win,” with the law formally known as the Parental Rights in Education Act remaining intact. The governor’s office emphasizes that the law ensures a safe environment in Florida classrooms.
Ryan Newman, an attorney for the State of Florida, stated, “We fought hard to ensure this law couldn’t be maligned in court, as it was in the public arena by the media and large corporate actors. We are victorious, and Florida’s classrooms will remain a safe place under the Parental Rights in Education Act.”
The “Don’t Say Gay” law has been a point of contention since its passage. While Republican lawmakers argue it protects children and encourages parental involvement, opponents claim it creates a chilling effect in classrooms, limiting LGBTQ+ visibility and inclusivity.
The law triggered legal battles between Governor Ron DeSantis and Disney, leading to a dispute over control of the governing district for Walt Disney World. The legal challenges faced by the law are part of broader debates on LGBTQ+ rights and education.
The settlement in Florida brings clarity to the discussion of sexual orientation and gender identity in classrooms. While it addresses concerns about the “Don’t Say Gay” law, the broader implications of LGBTQ+ inclusivity and rights in education continue to be important topics for ongoing debates across the United States.
