Florida Gov. Ron DeSantis – Courtesy: Shutterstock – Image by Hunter Crenian
Under a settlement agreed on Monday between Florida school authorities and civil rights advocates who had challenged a state rule that detractors called “Don’t Say Gay,” students and teachers can discuss sexual orientation and gender identity in Florida classrooms, so long as it’s not part of instruction.
The settlement makes clear what is permitted in Florida schools after a legislation that forbade teaching about gender identity and sexual orientation in early grades was passed two years ago. The law’s opponents claimed it had made it unclear for educators if they could identify as LGBTQ+ or even if they may display rainbow stickers in their classrooms.
The Florida bill served as a model for other jurisdictions that wanted to outlaw teaching of gender identity or sexual orientation in the classroom. States with variants of the statute include Alabama, Arkansas, Indiana, Iowa, Kentucky, and North Carolina.
As per the settlement agreement, all school districts will receive instructions from the Florida Board of Education stating that the state law in Florida does not forbid talking about LGBTQ+ individuals, nor does it stop anti-bullying policies based on sexual orientation and gender identity, nor does it forbid Gay-Straight Alliance organizations. The settlement also makes clear that the rule is neutral, meaning that it does not apply to library works that are not used for instructional purposes in the classroom and that what applies to LGBTQ+ individuals equally applies to heterosexual people.
Additionally, according to the settlement, the law does not apply to books that mention LGBTQ+ characters or same-sex couples inadvertently because “they are not instruction on sexual orientation or gender identity any more than a math problem asking students to add bushels of apples is instruction on apple farming.”
“What this settlement does, is, it re-establishes the fundamental principal, that I hope all Americans agree with, which is 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,” Roberta Kaplan, the lead attorney for the plaintiffs, said in an interview. “This shouldn’t be a controversial thing.”
The arrangement, which keeps the Parental Rights in Education Act intact, was hailed as a “major win” by the office of Florida Governor Ron DeSantis in a statement.
“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,” said Ryan Newman, an attorney for the state of Florida. “We are victorious, and Florida’s classrooms will remain a safe place under the Parental Rights in Education Act.”
The Republican governor has supported the bill since before the GOP-controlled Florida Legislature passed it in 2022. It was extended to all years last year and prohibited teaching of gender identity and sexual orientation from kindergarten through the third grade.
Republican lawmakers had maintained that the bill shielded kids from being taught about unsuitable content and that parents should discuss these topics with their kids.
Opponents of the bill, however, claimed it had a chilling impact on classroom instruction. A few educators expressed uncertainty about whether they may bring up or show a picture of their same-sex partner in class. Certain novels that addressed LGBTQ+ issues were taken out of the classroom, and school musicals had lines about sexual orientation taken out. Despite having done so the year before, the Miami-Dade County School Board opted in 2022 not to adopt a resolution honoring LGBTQ History Month.
Additionally, the measure set off the ongoing court battles between DeSantis and Disney over control of the Walt Disney World governing district in central Florida. The corporation claimed that DeSantis had taken over the government in punishment for Disney’s opposition to the legislation. During his unsuccessful bid for the GOP presidential nomination in 2024, DeSantis made much of his altercation with Disney.
The case was dismissed last year by a federal judge in Tallahassee who stated the civil rights attorneys lacked standing to sue Florida school officials on behalf of teachers, students, and parents. The attorneys claimed the statute was unconstitutional in their lawsuit. An appeal was filed in this matter with the Eleventh Circuit Court of Appeals.
According to Kaplan, if the case had gone on, it would have taken several more years for a resolution, even though they thought the appellate court would have overturned the lower court’s ruling.
“More delay was the last thing we wanted for the kids in Florida,” Kaplan stated.
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Chris began his writing as a hobby while attending Florida Southern College in Lakeland, Florida. Today he and his wife live in the Orlando area with their three children and dog.
