• Nature - Earth - Countries - United States - U.S. states - Florida - Florida law - Florida statutes - Florida Parental Rights in Education Act
• ont-uid: ahromu2h
• DISAMBIGUATION: for laws in the United States described as "Don't Say Gay" laws, see "Anti-LGBT curriculum laws in the United States" (https://en.wikipedia.org/wiki/Anti-LGBT_curriculum_laws_in_the_United_States).
• This is the main entry for the "Florida Parental Rights in Education Act".
"Don't Say Gay", "Nature - Earth - Countries - United States - U.S. states - Florida - Florida law - Don't Say Gay act", "Nature - Earth - Countries - United States - U.S. states - Florida - Florida law - Florida Parental Rights in Education Act", and "Nature - Earth - Countries - United States - U.S. states - Florida - Florida law - Parental Rights in Education Act" redirect here.
• curation date: 2022-12-27
• The Parental Rights in Education Act, described as the Don't Say Gay act by its opponents, is a Florida state law passed in 2022 that enacts several new statutes for public schools in Florida, which prohibits "classroom instruction" on sexual orientation or gender identity in "kindergarten through grade 3 or in a manner that is not age appropriate or developmentally appropriate for students in accordance with state standards" in public schools and prohibits public schools from preventing parents from accessing the education and health records of their students.
The Florida House of Representatives passed the bill 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.
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.
Florida Governor Ron DeSantis signed the bill on 2022-03-28 and it went into effect on July 1, 2022.
The civil rights organizations for LGBT rights in the United States and LGBT rights in Florida, the Human Rights Campaign and Equality Florida, responded by stating that DeSantis is "on the wrong side of history" and "attacked parents and children" by signing the bill.
It has been described as the "Don't Say Gay" act by its opponents who have criticized it for entirely prohibiting education about the LGBT community, LGBT history, LGBT rights, and same-sex marriage in early grades and restricting such education in any manner that is deemed to be against state standards in all grades.
The opponents include students, civil rights organizations, businesses, and the Federal Government of the United States, including the President of the United States.
The Walt Disney Company was vocal in its opposition following pressure from its employees, precipitating in an ongoing feud between Disney and DeSantis, which precipitated in the elimination of the Reedy Creek Improvement District.
Massive walkouts were held by students in schools across Florida in opposition to what they described as the "Don't Say Gay" bill, with crowds of students chanting "We Say Gay" in response.
LEGISLATIVE HISTORY.
Republican Florida state Senator Dennis K. Baxley originally introduced SB 1834 "Parental Rights in Education" into the Senate on January 7, 2022, but it later died.
On January 11, Republican Florida state Representative Joe Harding along with the Education and Employment Committee introduced a companion version into the House.
Known informally as the "Don't Say Gay" bill, it prohibited teachers from discussing LGBTQ+ related topics in classrooms from kindergarten to third grade.
The legislation has been opposed by the American Bar Association, Equality Florida, and President Joe Biden.
Despite that, on February 24, the bill passed the Florida House.
It then passed the Florida Senate on March 8, with Baxley in full support.
SUPPORT AND OPPOSITION.
Supporters of the bill state that discussions about sexuality and gender identity with very young children should be handled by a child's parents, and not by their schools; DeSantis' Press Secretary Christina Pushaw has called HB 1557 an "Anti-Grooming Bill" and baselessly claimed that anyone who opposes the bill is "probably a groomer." California governor Gavin Newsom called out Pushaw by remarking "I say grooming - yeah it should offend".
Some conservatives, such as political commentator Matt Walsh, argue that the bill does not go far enough.
Former Democratic presidential candidate Tulsi Gabbard also argued that the bill should have been more expansive.
Gabbard stated instead of kindergarten to grade 3, the legislation should encompass students from kindergarten to 12th grade.
There are concerns among some legal scholars that the proposed legislation within Florida could violate the First Amendment to the United States Constitution, and could be potentially unconstitutional.
Walkouts by students were held in schools across Florida in response to the bill.
Nationally, 158 companies (including Marriott, Hilton, American Airlines, and Airbnb) signed a Human Rights Campaign petition opposing the bill.
The American Psychological Association has also voiced opposition to the law.
THE WALT DISNEY COMPANY.
Employees at The Walt Disney Company planned walkouts over the bill, which culminated in a large protest.
The company and CEO Bob Chapek (despite earlier maintaining no stance), as well as Disney heir Charlee Corra all decided to publicly oppose the bill, with Corra also using the moment to come out as transgender.
The company received heavy criticism from DeSantis and many conservative media outlets for its opposition to the bill.
OTHER CORPORATE DONATIONS.
Donations to politicians supporting the bill include UnitedHealth Group ($200,000), Publix ($125,000), Charter Communications ($102,000), AT&T ($86,000), Anheuser-Busch ($75,000), Duke Energy ($34,000), Comcast/NBCUniversal ($28,000), and Walgreens ($28,000).
Many of these companies - such as UnitedHealth Group, AT&T, Duke Energy, Comcast/NBCUniversal, and Walgreens - have been noted for "publicly promoting themselves as fighting for LGBTQ rights".
PUBLIC OPINION.
According to an online poll conducted by Ipsos, more than 6 in 10 Americans oppose laws like the Florida Parental Rights in Education Act.
A University of Florida poll showed voters are divided - 49% strongly or somewhat disapproved of the legislation and 40% strongly or somewhat approved.
The poll's small sample size made the margin of error high.
A Yahoo!
News/YouGov poll found that 76% of Republicans support the legislation.
The poll found that 24% of Democrats supported the bill, 24% responded "not sure", and 52% opposed it.
A poll from the Republican campaigning company Public Opinion Strategies found that 61% support the legislation while 26% oppose it, 67% of parents support the legislation while 24% oppose it, and 51% of Democrats support the legislation while 29% oppose it.
LEGAL CHALLENGES.
On March 31, a lawsuit was filed in federal court by law firm Kaplan Hecker and Fink, the National Center for Lesbian Rights, and public attorney Elizabeth F. Schwartz on behalf of Equality Florida and Family Equality, which sought to block the bill on the grounds that it was unconstitutional.
The lawsuit alleged that the bill violates the constitutionally protected rights of free speech, equal protection and due process of students and families, and argued that the bill was an effort to "control young minds" which prevented students from living "their true identities in school".
On July 26, Florida high school student Will Larkins and the national LGBT+ organization CenterLink, through the Southern Poverty Law Center, Southern Legal Counsel, and Lambda Legal, filed suit against four Florida school districts' boards (those of the Orange County Public Schools, the School District of Palm Beach County, the School District of Indian River County, and the Duval County Public Schools), claiming the law's "vigilante enforcement mechanism," combined with its "intentionally vague and sweeping scope, invites parents who oppose any acknowledgement whatsoever of the existence of LGBTQ+ people to sue, resulting in schools acting aggressively to silence students, parents, and school personnel." A representative for Duval County stated that the school administration "will always take steps necessary to comply with Florida laws." In October 2022, federal judge Wendy Berger dismissed the suit, for lack of standing, which challenged the legislation effective since July 1.
She gave the plaintiffs 14 days to file a revised lawsuit.
DERIVATIVE LEGISLATION.
FEDERAL EFFORTS.
Republican Representative Mike Johnson of Louisiana introduced the Stop the Sexualization of Children Act, a version of the bill in the U.S. House of Representatives titled the which has gained 32 GOP cosponsors.
The bill is argued by its critics to not only replicate but go further than the Parental Rights in Education Act, as it would prohibit LGBTQ material in all federal facilities, prohibit drag performances in all federally-funded institutions, and similar to the Texas Heartbeat Act, include a private right of action clause enabling parents and guardians to sue institutions which hold such performances.
STATE EFFORTS.
At least 20 states have had their legislatures introduce derivative bills of the Parental Rights in Education Act.
In April 2022, Alabama became the second state to pass a similar bill, with governor Kay Ivey signing House Bill 322, legislation which additionally requires all students to use either male or female bathrooms in Alabama public schools based on their biological sex.
It is noted that some states have had similar provisions to Florida's law since the 1980s, though they have never gained the name of "Don't Say Gay" bills by critics until recently.
• https://en.wikipedia.org/wiki/Florida_Parental_Rights_in_Education_Act
• https://en.wikipedia.org/wiki/Category:LGBT_in_Florida
• https://en.wikipedia.org/wiki/Category:Florida_law
• https://en.wikipedia.org/wiki/Category:LGBT_law_in_the_United_States
• https://en.wikipedia.org/wiki/Category:Censorship_of_LGBT_issues
• https://en.wikipedia.org/wiki/Category:Discrimination_against_LGBT_people_in_the_United_States
• https://en.wikipedia.org/wiki/Category:Censorship_in_the_United_States
• https://en.wikipedia.org/wiki/Category:Ron_DeSantis
• see also: Nature - Earth - Countries - United States - U.S. states - Florida - Florida law - Florida statutes - Florida Senate Bill 266 of 2023
• Nature - Earth - Countries - United States - U.S. states - Florida - Government of Florida - Florida Legislature - Proposed legislation - Florida House Bill 1069 of 2023
• Politics - Political philosophy - Political theories - Political ideologies - Conservatism - Conservatism in the United States - Kathleen Passidomo
• Politics - Political philosophy - Political theories - Political ideologies - Right-wing politics - Far-right politics - Education - United States - Florida
• Science - Social sciences - Psychology - Social psychology - Social influence - Media manipulation - Public relations - Companies - Teneo - Geoff Morrell
• (2022-12-27, https://truthout.org/articles/florida-gop-leader-says-shes-open-to-expanding-dont-say-gay-law/) "Florida GOP Leader Says She's Open to Expanding "Don't Say Gay" Law.
Conservative lawmakers want no discussions whatsoever on LGBTQ issues in grades 4 through 6 in Florida schools." A key Republican lawmaker in Florida's legislature is signaling that she would be open to implementing increased restrictions on what educators can discuss when it comes to LGBTQ issues in public school classrooms throughout the state.
The proposal would expand the "Parental Rights in Education Act" - commonly referred to as the "Don't Say Gay" law - that was enacted this year by Governor Ron DeSantis (R-FL).
Earlier this month (2022-12) Senate President Kathleen Passidomo (R-FL) told reporters that members of her caucus believe current law should be amended to forbid teachers from having classroom discussions in late elementary and early middle school settings that include mention of any LGBTQ themes.
The law as it's written right now forbids such discussions in K-3 classrooms, and puts some restrictions - though not an outright ban - on discussions in grades 4 to 6.
Kathleen Passidomo indicated that she'd be open to further curtailments.
"The one thing that I think could be looked at is, we ended it at grades one through three," Kathleen Passidomo said.
"I don't think I'd be supportive of ending LGBTQ discussions in high school, because kids in high school are hopefully a little bit more mature, at least they should be.
But, you know, the middle school, maybe going to sixth grade or something like that." Kathleen Passidomo elaborated on her comments, telling Jacksonville TV news station WJXT that she would "not be averse" to proposals by conservatives in the state legislature to bring forward a bill focused on limiting what grades 4 to 6 school teachers can discuss with their students.
Critics panned the idea as harmful to students who may be coming out in their late elementary or middle school years, or who otherwise may have questions about sexuality they want answered as they try to determine or understand their identities.
"To try to ostracize anyone because of gender identification is just wrong," former state Senator Audrey Gibson (D-FL) said in response to Kathleen Passidomo's words.
Crystal Czyscon, youth director of Visuality - a state organization dedicated toward enhancing and sustaining the "health and well-being of the lesbian, gay, bisexual, transgender, queer plus communities" - also criticized the idea of expanding the "Don't Say Gay" legislation.
"As we know, the 6th grade to 8th grade is usually the initial onset of puberty for many children, and it's when children really recognize who they are and how they feel," Crystal Czyscon said to WBBH, an NBC affiliate TV station in Fort Myers, Florida, adding that she is "really concerned for the State of Florida that we have this fascist authoritarian focus on one community." Other parents have also spoken out about the idea of expanding the "Don't Say Gay" law.
"I have two children who have identified on the LGTBQ spectrum, and they came out at the ages of 15 and 12.
One of my children did come out in the 6th grade," said parent Lexa Donnelly to WBBH.
Lexa Donnelly's children are not an anomaly - more children today than ever before identify as part of the LGBTQ community, with a large survey published by Gallup in 2021 showing that one in every six members of Generation Z (those born between the late 1990s to early 2010s) identify as LGBTQ.
Given that the youngest members of that generation are now just entering middle school, it's likely that, if successfully passed into law, the legislation that Kathleen Passidomo and other Republicans are considering would have a huge impact on a significant portion of Florida children, limiting students' abilities to speak with trusted adults in school settings about matters relating to their own lives.