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Florida Parental Rights in Education Act

The Parental Rights in Education Act (HB 1557), commonly referred to as the "Don't Say Gay" law, is a Florida state law passed in 2022 that regulates public schools in Florida. The law is most notable for its controversial sections which prohibit public schools from having "classroom discussion" or giving "classroom instruction"[a] about sexual orientation or gender identity from kindergarten through third grade or in any manner deemed to be against state standards in all grades; prohibits public schools from adopting procedures or student support forms that maintain the confidentiality of a disclosure by a student, including of the gender identity or sexual orientation of a student, from parents; and requires public schools to bear all the costs of all lawsuits filed by aggrieved parents.[2]

"Don't Say Gay" redirects here. For other laws in the United States described as "Don't Say Gay" laws, see Anti-LGBT curriculum laws in the United States.

Parental Rights in Education

March 28, 2022 (2022-03-28)

July 1, 2022 (2022-07-01)

February 24, 2022 (2022-02-24)

  • 69 Florida Representatives
    (68 Republicans and 1 Democrat)
    voted for
  • 47 Florida Representatives
    (40 Democrats and 7 Republicans)
    voted against

March 8, 2022 (2022-03-08)

  • 22 Florida Senators
    (22 Republicans)
    voted for
  • 17 Florida Senators
    (15 Democrats and 2 Republicans)
    voted against

Introduced by Florida state legislators Joe Harding and Dennis Baxley, the legislation is generally (though not unanimously) supported by the Republican Party. In the Florida House of Representatives, the act passed in a 69 to 47 vote on February 24, 2022; with 68 Republicans and 1 Democrat voting for it; and 40 Democrats and 7 Republicans voting against it.[3] The Florida Senate passed the bill in a 22 to 17 vote on March 8, 2022; with 22 Republicans voting for it; and 15 Democrats and 2 Republicans voting against it.[4] Florida governor Ron DeSantis signed the bill on March 28, 2022, and the act went into effect on July 1 of that year.[5] Its passage has prompted the introduction of various similar laws within other states and the federal government, and Florida legislators have introduced bills expanding the scope of the law.[6] The Florida Board of Education later expanded the ban on teaching about sexual orientation or gender identity to all grades K-12 in April 2023, with the exception of health or reproductive courses.[7]


The bill received support from Republican politicians and conservative organizations. However, the bill has also received widespread backlash, especially from students, who demonstrated against the act throughout Florida by holding walkouts across middle and high schools.[8] Additional organizations who have issued statements against the act include those representing teachers,[b] pediatricians,[c] psychologists,[d] and hundreds of major corporations.[15] Most prominently among businesses, The Walt Disney Company came out in opposition to the legislation following protests by its employees,[16] precipitating a feud between Disney and DeSantis that resulted in the eventual renaming of the Reedy Creek Improvement District and transferring the power to appoint its board from Disney to DeSantis and the governorship.[17][18] Polls have shown both a plurality or majority opposition to the act or support for the act, with support for the act being higher among older generations and opposition to the act being higher among younger generations.[19]


Multiple lawsuits were filed against the act with the support of advocacy groups representing parents and families of LGBT+ children; numerous other advocacy groups have also issued statements opposing the act.[e][22] After a federal district court dismissed one suit, the Eleventh Circuit (considering an appeal) indicated it would likely rule against the Parental Rights in Education Act. The groups settled with the state in March 2024 to purposely narrow the law to restrict only the direct teaching of gender identity and sexual orientation in classrooms, while once again allowing discussions of LGTBQ+ concepts between teachers and students and allowing libraries to carry LGBTQ-related books.

Etymology

The act is officially titled the Parental Rights in Education Act and is described as "An act relating to parental rights in education" in the act itself.[23]


It is more commonly known as the Don't Say Gay law or the Don't Say Gay bill, as it has been described in headlines by the prominent news agency, the Associated Press;[24] prominent domestic newspapers such as The New York Times,[25] The Washington Post,[26] and the Los Angeles Times;[27] prominent domestic news media including ABC,[28] CNN,[29] and Fox News affiliates;[30] and prominent news media in other Anglosphere countries including ABC (Australia),[31] BBC,[32] and CBC.[33]


It is also known as the Don't Say Gay or Trans act or as the Don't Say Gay or Trans bill, as it has been described in statements by the main nationwide organization for LGBT rights in the United States, the Human Rights Campaign;[20] the main statewide organization for LGBT rights in Florida, Equality Florida;[20] and the United Nations official for LGBT rights at the United Nations, the United Nations Independent Expert on Protection against violence and discrimination based on sexual orientation and gender identity.[34][35]

Provisions

The Parental Rights in Education Act does not contain the word "gay," though both "gender identity" and "sexual orientation" are referred to twice within the legislation.


The legislative provisions on prohibiting education on gender identity or sexual orientation restrict classroom discussion or classroom instruction instigated by third parties and school personnel, such as teachers and principals. Classroom discussion or classroom instruction on gender identity or sexual orientation is prohibited from kindergarten to third grade, and can be restricted from 4th to 12th grade to what the state deems to be either "age appropriate" or "developmentally appropriate".


The bill additionally requires schools to disclose to parents whether a child has received mental health services through the school. The legislation phrases the provision as parents not being able to be "blocked" by the school from accessing related documents. The legislation enables parents to file legal challenges against school teachings they have personal objections to. Moreover, all lawsuits filed against schools by parents under the act must be paid for by the sued school or district.[36][37][38]

Legislative history

Florida Senator Dennis Baxley filed Senate Bill 1834, Parental Rights in Education, in the Florida Senate on January 7, 2022, but it died in the Florida Senate Appropriations Committee.[71] Former Florida Representative Joe Harding filed House Bill 1557, Parental Rights in Education, in the Florida House of Representatives on January 11, 2022; this version eventually became the version passed and signed.[72]


The Florida House of Representatives passed the bill on February 24, 2022, in a 69 to 47 vote; with 68 Republicans and 1 Democrat voting for it; and 40 Democrats and 7 Republicans voting against it. The 1 Democrat who voted for it was James Bush; and the 7 Republicans who voted against were Vance Aloupis, Demi Busatta Cabrera, Chip LaMarca, Amber Mariano, Jim Mooney, Rene Plasencia, and Will Robinson.[73]


The Florida Senate passed the bill on March 8, 2022, in a 22 to 17 vote; with 22 Republicans voting for it; and 15 Democrats and 2 Republicans voting against it. The 2 Republicans who voted against it were Jeff Brandes and Jennifer Bradley.[74]


Florida Governor Ron DeSantis signed the bill on March 28, 2022; and the act went into effect on July 1, 2022.[75]

A poll found that 62% of Americans oppose legislation prohibiting classroom lessons about sexual orientation and gender identity in elementary schools and 37% support such legislation.[77]

Ipsos

A poll found that 49% of Florida voters oppose the act and 40% support it.[78]

University of Florida

A poll found that 50% of American registered voters support the act and 34% oppose it.[79]

Morning Consult

A poll found that 50% of Florida likely voters oppose the act and 44% support it.[80]

Siena College Research Institute

Polls have variously shown plurality or majority opposition to the act or support for the act; results vary depending on the population being sampled, the wording of the poll, and the polling firm that conducted the poll. Polls have consistently shown that support for the act is concentrated among older generations, while opposition to the act is concentrated among younger generations.[76]

LGBT-themed books in libraries and book fairs if they are not used for instruction

Students, parents, and teachers disclosing their sexual orientation

Discussion of LGBT issues outside of formal instruction

"Literary references" to LGBT people in classroom materials

Inclusion of LGBT people in classroom discussions and student academic work

Teachers displaying a photo of a same-sex or transgender partner

Anti-bullying lessons

"Safe space" signs for LGBT people

LGBT references and characters in musicals and plays

clothing and similar personal expressions

Gender non-conforming

Student groups like

gay-straight alliances

Dancing with a person of the same gender

[95]

Sosin, Kate (April 20, 2022). The 19th. Retrieved April 27, 2022.

'Don't Say Gay' bills aren't new. They've just been revived.

Source Text from the Florida Senate