The Florida Senate is expected to pass a controversial new piece of legislation aimed at restricting schools in the Sunshine State from teaching pupils about sexual orientation and gender issues, with teachers opening themselves up to lawsuits should they fail to comply.
Dubbed the “Don’t Say Gay” bill but formally known as Senate Bill 1834 “Parental Rights in Education”, the text of the legislation states: “A school district may not encourage classroom discussion about sexual orientation or gender identity in primary grade levels or in a manner that is not age-appropriate or developmentally appropriate for students.”
Further, it explicitly states that parents “may bring an action against a school district to obtain a declaratory judgement that a school district procedure or practice violates this paragraph and seek injunctive relief. A court may award damages and shall award reasonable attorney fees and court costs to a parent who receives declaratory or injunctive relief”.
The bill was passed by Florida’s House of Representatives on 24 February and will come to a vote in the Senate on 8 March. Should it be signed into law, its terms would come into effect from 1 July, with all school district plans required to be updated by June 2023.
Democratic legislators proposed a series of amendments to clarify the bill’s intent, or to separate its ostensible intent from its impact, by striking out language that could target LGBT+ students and their families. They all failed.
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A Republican amendment proposed requiring schools to disclose whether a child is LGBT+ to their parents within six weeks of learning that they are not straight - but it was withdrawn before the bill reached the House.
The bill has attracted widespread criticism in Florida and beyond, with opponents arguing it would effectively silence vulnerable LGBT+ students and hinder or harm their personal development while potentially violating educators’ freedom of speech and First Amendment rights.
Last week thousands of high school students walked out of class in protest over the bill, and a large demonstration was held outside the state Capitol building on Sunday.
The bill came up for debate in the Senate on Monday, where Shevrin Jones – the first openly LGBT+ member of Florida’s Republican-dominated Senate – made an emotional appeal for proponents of the bill to shoot it down because it could forcibly “out” LGBT+ students and have a chilling effect on LGBT+ people and issues in Florida schools.
“Seeing these kids, I don’t think y’all understand how much courage it takes to show up every day,” Mr Jones said, reflecting on his father’s “disappointment” and the insults hurled at him after he publicly came out.
The bill’s originator, Republican state representative Joe Harding, insists its intention is simply to keep parents “in the know and involved on what’s going on” with their children’s education and that its critics are “absolutely misinformed on what exactly the bill does”.
One outspoken supporter of his proposal is the Trump-aligned state governor and possible 2024 Republican presidential candidate Ron DeSantis.
Speaking at a press conference last month, Governor DeSantis said: “My goal is to educate kids on the subjects, math, reading, science, all the things that are so important. I don’t want the schools to kind of be a playground for ideological disputes.”
The governor claims that the bill addresses “sexual stuff” and “telling kids they may be able to pick genders and all that”.
“How many parents want their kindergarteners to have ‘transgenderism’ or something injected into classroom discussion?” he said during a press conference last week.
On Monday, he lashed out at a reporter who asked whether he supports the bill, claiming that it would only impact students in kindergarten through third grade. The bill is not limited to those grades; classroom instruction on sexual orientation and gender identity would be prohibited at all grade levels if it is not deemed “age appropriate.”
“We’re going to make sure that parents are able to send their children to kindergarten without having some of this stuff injected into their curriculum,” the governor said.
Equality Florida has condemned Mr DeSantis’ endorsement, arguing in a tweet that he is “using anti-LGBTQ legislation as a springboard to serve his national political ambitions”.
“His political agenda is driven not by the real pressing needs of our state but his desire to peel away Trump supporters as the two jockey for the 2024 GOP presidential primary,” the group added. “He is willing to inflict harm on the most vulnerable in FL in order to shore up his extremist base.”
US President Joe Biden tweeted reassurances to students in February, telling them: “I want every member of the LGBTQI+ community – especially the kids who will be impacted by this hateful bill – to know that you are loved and accepted just as you are. I have your back, and my administration will continue to fight for the protections and safety you deserve.”
White House press secretary Jen Psaki also denounced the legislation.
“Every parent hopes that our leaders will ensure their children’s safety, protection, and freedom,” she said. “Today, conservative politicians in Florida rejected those basic values by advancing legislation that is designed to target and attack the kids who need support the most – LGBTQI+ students, who are already vulnerable to bullying and violence just for being themselves.”
US transport secretary Pete Buttigieg meanwhile warned that the bill could inspire a spike in teen suicides.
Kara Gross, the legislative director and senior policy counsel of the American Civil Liberties Union of Florida, has argued: “It is always appropriate for kids to talk about themselves, their experiences and their families. These are not taboo subjects, but banning them makes them so.
“This bill does nothing to help and support our youth. It’s meant to stigmatise LGBTQ youth and family members, and to make teachers fearful of providing a welcoming and inclusive classroom.”
Speaking on ABC’s The View, CNN commentator Ana Navarro said the message it sends is “a very chilling one” for the LGBT+ community: “You are not welcome here.”
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A 2021 report from LGBT+ suicide prevention and crisis intervention group The Trevor Project found that LGBT+ youth are four times more likely to seriously consider, plan or attempt suicide than their peers, while LGBT+ young people between the ages of 13 and 24 attempt to kill themselves every 45 seconds within the US.
Another report from the organisation found that LGBT+ young people who learned about LGBT+ people or issues in school were 23 per cent less likely to report a suicide attempt within the last year.