Florida 'Don't Say Gay' Law Gets Limited in Scope After Lawsuit; Teachers Can Now Discuss Sexual Orientation
Florida students and teachers can now say gay. After a lawsuit from advocates of LGBTQ+ rights filed a lawsuit against Florida, Gov. Ron DeSantis struck a deal with them to limit the scope of the controversial Don't Say Gay" law. Among the agreed-upon limitations to the law include teachers being allowed to discuss sexual orientation in a limited capacity, as well as the law not applying when it is outside of the school.
The Parental Rights in Education Act, the formal name of the Don't Say Gay law, limits classroom teaching about sexual orientation or gender identity. However, under the settlement, it would not apply to several situations anymore, as was originally intended.
Critics of the law stated that it restricted free speech rights and also the rights of families and teachers, as the deal points out. However, there is nothing that says that these topics cannot be discussed in extra curricular activities, library books, references to a teacher's family, and the law does not prohibit "safe space" stickers. It also does not prohibit schools from prohibiting LGBTQ+ bullying.
The law remained standing, with the state of Florida calling it a victory after the deal. However, Bloomberg pointed out that the law has now been limited, allowing more freedom for LGBTQ+ children and teachers.
As for the plaintiffs, they claimed in their complaint that the law violated federal constitutional rights. Their settlement took on that issue and they pointed out that it would "saddle school districts with immense litigation burdens" because Florida would be bogged down in lawsuits as it impedes on free speech rights.
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What Are Teachers Allowed To Say Under the Now-Limited Florida Don't Say Gay Law?
According to the Associated Press, the settlement between the Florida state government and the LGBTQ+ rights advocates clarifies what is allowed in Florida classrooms. It would also require the Florida Board of Education to "send instructions to every school district saying the Florida law doesn't prohibit discussing LGBTQ+ people, nor prevent anti-bullying rules on the basis of sexual orientation."
The settlement also does not disallow Gay-Straight Alliance groups and it also stated that it is neutral, which means that what applies to LGBTQ+ people also applies to heterosexual people. The law also does not apply to library books not being used for instruction in the classroom, per the deal.
LGBTQ+ Advocates Discuss Deal Limiting Controversial Florida 'Don't Say Gay' Law
Critics and LGBTQ+ advocates lauded the deal, calling it a "historic settlement" and that it "nullifies the most dangerous and discriminatory impacts" of the law which many say impedes on the First Amendment rights of students, teachers, and parents.
"Today's settlement reaffirms the rights of Florida's students and teachers to openly discuss and learn about LGBTQ+ people, marking a victory for free expression and inclusivity for LGBTQ+ students, families, and teachers alike," said the legal director for the National Center for Lesbian Rights Shannon Minter in a statement.
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Written by: Rick Martin
WATCH: Florida teachers can discuss sexual orientation and gender ID under 'Don't Say Gay' bill settlement - WPBF 25 News