The state of Florida and plaintiffs who challenged a parental rights law that critics have dubbed “Don’t Say Gay” agreed to a settlement Monday that clarifies the scope of legislation that bans the teaching of sexual orientation and gender identity in kindergarten through eighth grade class.
The plaintiffs, a group that includes students, parents, educators and LGBTQ advocacy organizations, accused the law, signed by Gov. Ron DeSantis in 2022, of causing confusion and fear in public schools. The agreement states that students and teachers have the right to talk about sexual identity and gender orientation in public schools as long as it is not part of formal classroom instruction.
The plaintiffs declared victory, saying it would end discrimination stemming from ambiguities in the law, officially called the Parental Rights in Education Act.
The administration of Mr. DeSantis, a Republican, also described the settlement as a major victory, saying it confirmed that critics had deliberately misinterpreted the law as applying more broadly than it actually did.
Opponents argued that the law’s vague language scared students into thinking they couldn’t create art depicting same-sex parents, teachers into thinking they couldn’t display a picture of a same-sex partner, and schools into thinking that they can no longer admit gay-themed books or student organizations that support gay students.
Roberta Kaplan, the lead attorney for the plaintiffs, said in a statement that the settlement “protects against hate and harassment.” She added, “Simply put, the state of Florida has now made it clear that LGBTQ+ kids, parents and teachers in Florida can actually say they’re gay.”
In its own statement, Mr. DeSantis’ office said the settlement would ensure that “children are protected from radical gender and sexual ideology in the classroom” as the law remains in place. The administration now expects the case to be dismissed, said Ryan Newman, the governor’s general counsel.
“We have fought hard to ensure that this law cannot be defamed in court as it has been on the public stage by the media and major corporate actors,” Mr Newman said in the statement.
The settlement, filed in the US Court of Appeals for the 11th Circuit in Atlanta, comes nearly two years after Mr. DeSantis signed the law. The measure became central to the image he built before his failed presidential campaign as a Republican who would not budge on the political left, which he derided as “woke.”
Mr. DeSantis has long defended the law as a popular, common-sense measure. Critics, he said, “are actually supporting the awakening of gender ideology in the first grade.”
But the nickname stuck. And the law, along with a slew of other controversial laws signed by Mr. DeSantis in recent years, prompted organizations like Equality Florida, one of the plaintiffs, to issue travel advisories last year, citing concerns about curtailing rights and freedoms in the state .
Cecile Houry, one of the plaintiffs in the case, said she and her partner, Rabbi Amy Morrison, filed the lawsuit because they feared the law could cause their two young children in public schools to face discrimination because they they have two mothers. The legislation may not specifically say “don’t say gay,” said Dr. Khoury, grants manager for the city of Miami Beach, but that is its practical effect.
“When you turn everything into a potential problem, a potential lawsuit and a potential dismissal, it really does,” she said. “People couldn’t, or felt they shouldn’t, or felt they were at risk if they said anything, so they ended up silencing or keeping a lot of things quiet.”
The law allows parents to sue school districts for any perceived violations.
The language of the settlement, which the state must share with Florida’s 67 public school districts, clarifies that the law does not restrict “literary references to a gay or transgender person or same-sex couple” in public school classrooms. It says LGBTQ references are not prohibited in literature, classroom discussions, students’ academic work or their reviews. Nor are such references prohibited when it comes to spouses or partners of teachers or other non-academic contexts.
The agreement also states that teaching must be neutral on issues of sexual orientation or gender identity, meaning that teachers cannot, for example, teach that heterosexuality is better than homosexuality or bisexuality.
It also clarifies that the law does not prohibit lessons or intervention to stop bullying, and does not require the removal of “safe spaces” in schools for LGBTQ people or stickers that identify such spaces.
And it’s clear that student-run organizations, such as gay-gay alliances, are allowed in Florida schools, along with book fairs, musicals or plays with LGBTQ references or characters, and expressions and clothing that don’t conform to the perceived from human gender identity.
The law does not apply to books in school libraries as long as they are not used for instruction, the agreement states.
