What is "Don't Say Gay"?

WHAT IS: “DON’T SAY GAY”

HB 1557 (House Bill 1557), commonly known as the “Don’t Say Gay” Bill was passed by Florida Governor Ron DeSantis in March 2022. The intent of this bill was to limit the teaching of content related to sexual orientation and gender identity in the classroom (National Education Association, n.d.).

HB 1069 was signed into law in May of 2023 and expanded on the previous by placing restrictions on the use of pronouns that are aligned with one’s gender identity, expanding the list of banned books in the classroom, and adding new censorships to health education (National Education Association, n.d.).

Importantly, a recent settlement in March 2024 clarified what is and is not permissible under the Bill. The settlement indicated that students and teachers can discuss their LGBTQ+ identities but it must be outside of formal instruction (Najarro, 2024) It also indicated that the law does not prohibit participation in extracurriculars such as Gay-Straight Alliance clubs, nor does it restrict intervention to LGBTQ-related bullying (Najarro, 2024)

This settlement is profound in clarifying LGBTQ+ rights within these restrictive laws and it is noted as a victory in acknowledging and prohibiting the erasure of LGBTQ+ identities (Najarro, 2024). However, these combinations of laws have still had significant impacts in Florida and beyond as states have used them as a template to create their own restrictions. It is crucial to understand these impacts and their effects on LGBTQ+ individuals well-being.

INTENT

On their surface the laws place restrictions on classroom curricula, including:*

The prohibition of teaching material related to sexual orientation and gender identity in any Kindergarten through Grade 3 classroom.

The restriction on any employee in a Kindergarten through 12th grade school from utilizing a student’s preferred name and/or pronouns if it does not correspond with the student’s sex assigned at birth

Limiting any curricula related to sexual orientation and gender identity to health classes, but further restrictions on this include: that any material used to teach reproductive health must be first approved by the Department of Education the teaching of reproduction must include that fertilization occurs between a “biological male and biological female” and reproduction roles are “binary, stable, and unchangeable”

Any parent can challenge or object to any instructional material used in the school, ultimately expanding the reach of book bans.

IMPACT

Although the laws may be most intended to restrict formal instruction of LGBTQ-related content, their impacts are vast and extend both within and far beyond the Florida classrooms.

Research into the direct impacts of this legislation has begun to indicate that there is a(n): Lack of safety in the classroom for LGBTQ+ students and/or students from LGBTQ+ families (Johnson, 2020).

Reduced exposure to LGBTQ+ history and other positive LGBTQ+ representation (Johnson, 2022; Woo & Diliberti, 2023).

Increased stress and diminished well-being of educators, which can result in increased staff turnover and workforce shortages (Woo & Diliberti, 2023).

Abundant concern among parents of Florida students and in particular among LGBTQ+ parents and/or parents of LGBTQ+ youth (Goldberg, 2023).

Considerations for LGBTQ Health

Anti-LGBTQ+ legislation has profound impacts on LGBTQ+ individuals well-being, as well as their family, friends, and the broader society. The implications of acts such as the “Don’t Say Gay” bill are far-reaching. For LGBTQ+ youth, parents, and educators in the state of Florida, and others enacting similar legislation, we are already seeing how this policy is impacting their physical, mental, and emotional well-being.

For example, the 2023 Trevor Project survey, on the mental health of LGBTQ+ youth, found that nearly 2 in 3 LGBTQ+ youth reported that hearing about legislation that bans LGBTQ+ content and discussion in school made their mental health a lot worse (The Trevor Project, 2023).

Additionally, LGBTQ+ parents have raised concerns around increased hostility toward their children in schools and have even taken measures to protect their families and children by moving to different schools, or even different states (Goldberg, 2023).

Understanding the impacts of such policies on the wellbeing and functioning of LGBTQ+ individuals is integral to addressing their unique health needs. For example, the ways in which restrictive legislation may limit acceptance and openness of one’s own identity ought to be considered. It is imperative that our health care environments are welcoming and affirming space for LGBTQ+ individuals and are prepared to address these needs. (Further reading: Kline et al., 2022)

OTHER RESOURCES AND CONSIDERATIONS

understanding your rights

The National Education Association provided resources on Title VII and Title IX protections, which prohibit discrimination and harassment on the basis of sex (which extends to include sexual orientation and gender identity) in the workplace and in schools, respectively

Read further to understand the Federal Civil Rights protections for LGBTQ+ students and educators. school climate

GLSEN is a national network aimed at promoting affirming and inclusive learning environments for LGBTQ students and educators They provide programs, resources, and research on this topic, among which is the National School Climate Survey.

This survey is designed to understand the school experiences of LGBTQ+ individuals, including what factors contribute to a hostile school climate, what the impact of such a climate is on well-being and educational outcomes, as well as what factors help to improve school climate. The most recent report shares data from the 2021 survey.

The 2024 Survey is now open to any LGBTQ+ youth, aged 13 or older, who attended middle or high school during the 2023-2024 school year.

REFERENCES

Goldberg, A.E. (2023). Impact of HB 1557 (Florida’s Don’t Say Gay Bill) on LGBTQ+ parents in Florida. Los Angeles, CA: The Williams Institute, UCLA School of Law. https://williamsinstitute.law.ucla.edu/wp-content/uploads/Dont-Say-Gay-ImpactJan-2023.pdf

Johnson, M (2020) The dangerous consequences of Florida's "Don't Say Gay" bill on LGBTQ+ youth in Florida. The Georgetown Journal of Gender and the Law, 23(3). https://www.law.georgetown.edu/gender-journal/wpcontent/uploads/sites/20/2022/04/The-Dangerous-Consequences-of-FLs-Billon-LGBTQ-Youth-M.-Johnson.pdf

Najarro, I. (2024). What’s permissible under Florida’s ‘Don’t Say Gay’ law? A new legal settlement clarifies. Education Week. https://www.edweek.org/leadership/whatspermissible-under-floridas-dont-say-gay-law-a-new-legal-settlementclarifies/2024/03

National Education Association (n.d.). What you need to know about Florida’s “Don’t Say Gay” and “Don’t Say They” laws, book bans, and other curricula restrictions.

https://www.nea.org/sites/default/files/2023-06/30424-know-yourrights web v4 pdf

The Trevor Project (2023). 2023 U.S. National Survey on the Mental Health of LGBTQ Young People. [PDF]. https://www.thetrevorproject.org/survey2023/assets/static/05 TREVOR05 2023survey.pdf

Woo, A. & Diliberti, M. K. (2023). How Florida's expansion of 'Don't Say Gay' law will hurt students and teachers across the United States RAND

https://www.rand.org/pubs/commentary/2023/05/how-floridas-expansion-ofdont-say-gay-law-will-hurt.html

FURTHER READING

Woo, A. et al (2023). Walking on Eggshells Teachers' Responses to Classroom Limitations on Race- or Gender-Related Topics. Read here.

National Education Association. 5 things educators are doing right now to support their LGBTQ students. Read here.

National Education Association. Supporting LGBTQ+ Youth. Read here.