Classrooms Should Be Colorful: The ‘Don’t Say Gay’ Bill is a Detrimental Backslide
White House Protest in Washington D.C. in 2017. Photo by Flickr user Ted Eytan
In a legislative move eerily reminiscent of ‘Don’t Ask Don’t Tell’ policies for gay, lesbian, and bisexual people in the military, Florida lawmakers have passed a bill that would prohibit any discussion of sexual orientation and gender identity in public schools from kindergarten through third grade. House Bill 1557 is set to take effect on July 1, 2022, and is a catastrophic backslide for LGBTQ+ rights in the United States.
The bill, officially named the “Parental Rights in Education” bill, is more commonly known as the ‘Don’t Say Gay’ Bill, as nicknamed by fierce opponents. The legislation not only prohibits any discussion of gender identity and sexuality orientation in primary grades, but it also authorizes parents to bring legal action against a school district should they feel this prohibition has been violated. In woefully vague terms, the bill states that beyond third grade, the discussions cannot happen in a “manner that is not age-appropriate or developmentally appropriate.” The bill does not say what age-appropriate or developmentally appropriate looks like in regard to gender identity and sexual orientation, opening the door to loose interpretation by parents. Their interpretation can then be used to sue a school, a detriment to teachers now forced to watch their every word.
Since the bill’s looseness allows for a looming threat of legal action, it effectively silences any conversation even tangentially related to sexuality and gender, even if that conversation is only between a faculty member and a student rather than a part of the school curriculum. This sets up a scenario where if a child opens up about their gender or sexuality to a trusted teacher, they are then ‘outed’ to their parents. Even a vague email from a teacher could be incredibly damaging to the trust a student has in their teacher, as well as their physical safety at home. Moreover, it silences any children who have LGBTQ+ parents, family members, or loved ones. While kids with one dad and mom could tell stories about their family–assuming that this bill ignores that heterosexual and cisgender still fall under the category of sexuality and gender identity–other children will be implicitly and explicitly told that their reality is shameful and something to hide.
In addition to the House Bill, Senate Bill 148 would ban discussions on gender identity in workplaces with more than 15 employees and all classrooms and is awaiting signature by Gov. DeSantis (R). While supporters of the Don't Say Gay Bill avoid further public outrage against the legislation by citing the importance of parental involvement and accountability in education, supporters of Senate Bill 148 do not take the same measures to disguise the bill's underlying implications: dubbed by the right as the 'Stop WOKE Act,' it is presented as necessary to avoid making others feel uncomfortable. For a political party whose leaders consistently criticize Americans who are too concerned with political correctness, the Republican Party is surprisingly ready to protect those who are uncomfortable with a conversation about gender.
As of March 28th, DeSantis officially signed HB 1557 into law. He had previously stated that discussions about gender and sexuality were “entirely inappropriate,” but in a press conference before signing, DeSantis went as far as to say that teaching kids they can “be anything they want” is inappropriate. This bill will not erase kids’ identities: it will just teach them that they should be ashamed of themselves. This culture can lead to higher rates of depression in LGBTQ+ kids, which is already higher than that of their cis and straight peers. Kids should get to be anything they want in regards to career choice and life goals, things that are actually choices. Kids should be respected and celebrated for the parts of themselves that they do not choose, like their sexuality.
Although some may say that certain states will always remain more restrictive to LGBTQ+ people and others will remain more liberal, this is not just a state issue that we can relegate to Florida’s border. The issue runs deeper through the roots of the country, and the effects will similarly ripple. Like many other Republicans, DeSantis is considered a presidential hopeful for 2024. By supporting this anti-queer legislaiton, DeSantis foreshadows a bleak future for LGBTQ+ individuals in the country and also illustrates the coalescence of anti-queer legislation and the Republican party. It does not have to be this way—the Florida House of Representatives has a Republican majority, split 78-40, but HB only passed 69-47, meaning that seven Republicans broke ranks to vote against the bill. This is important because it cues that an anti-LGBTQ+ stance is not the stance of the Republican party as a whole. It is vital to disentangle the party from the issue and the hate tied to it. The rights of LGBTQ+ kids to feel safe in their identity and safe in their schools should be celebrated and protected by all legislators, regardless of party affiliation.
Despite polarization in Congress historically fluctuating, it is currently at record levels. Votes are increasingly divided directly along party lines, with the rare exception of Senators like Krysten Sinema and Joe Manchin. This often blind partisanship is detrimental to both progress and democracy. Human rights issues and the acceptance of diverse families should not be a matter of party lines.
It is true, however, that the LGBTQ+ community remains a solidly Democratic bunch. Pew Research Center data shows that 79 percent of LGBTQ+ adults identify or lean democratic, whereas only 18 percent identity or lean Republican. Moreover, 23 percent of respondents in a CATO institute survey indicated that they consider themselves fiscally conservative when it comes to issues likes taxes and government spending and socially liberal around issues like abortion and gay marriage. As support for LGBTQ+ people grows and blind hatred decreases, Republicans must consider that in a secularizing world, the support of ultra-Christian and homophobic groups may not always be enough.
Florida is not the only state that has proposed or passed legislation aimed at silencing queer identities in schools. Fifteen other similar bills exist nation-wide. Tennessee has tried to pass similar legislation for over a decade. Currently, House Bill 800 would go as far to ban textbooks and materials that “promote, normalize, support or address LGBT issues or lifestyle.” This legislation is harmful not just in practice, but also in rhetoric. When the public discourse of LGBTQ+ is that it is a ‘lifestyle,’ it suggests that to be gay is a choice. This is plainly false, and it is not the job or the place of the legislature to dictate which sexualties are normal.
Similar bills that are proliferating across the country are indicative of the historic intolerance of LGBTQ+ communities in the United States. Same-sex marriage was legalized nationally in the United States by the Supreme Court only seven years ago in 2015. Legislation such as ‘Don’t Say Gay’ is a reminder of how precarious the rights of marginalized communities are. The Republican party will say the bill is merely for the sake of parent involvement—it is not. It is to suppress identities and livelihoods. In a tweet, President Biden condemned this legislation and reaffirmed his support for the LGBTQ+ community, particularly queer children.
These bills act as a detriment both to the safety of children and the quality of their education. They will erase the history of the queer community, and their impact could bleed into upper grade levels as the silencing of queerness becomes commonplace. When people are taught that their sexuality should be kept secret, livelihood is harmed, whether they are nine years old in the classroom or 30 in the military. Don’t Ask Don’t Tell (DADT) was repealed in 2011, yet the same mentality of secrecy remains present. If DADT stood on that grounds of homosexuality being incompatible with military service, ‘Don’t Say Gay’ stands on the implicit grounds that queerness is not accepted in the classroom.
But this bill’s insistence on secrecy is causing people to say ‘gay’ louder than ever. Protests against the ‘Don’t Say Gay’ bill have erupted throughout Florida, showing the world just how many people identify and stand with the LGBTQ+ community. Hundreds of high school students walked out of their classes chanting “we say gay,” and “protect trans kids,” as well as organized protests at the Capitol building. The attempted silencing of the existence of the LGBTQ+ community will not go down without a fight. Queer people have fought for visibility and acceptance for far too long to stand idly by and watch their children be told that they have to be ashamed of themselves.
History will look poorly upon this very clear erasure of identity, legacy, and humanity of the LGBTQ+ community. The ‘Don’t Say Gay’ bill teaches a deep and intrinsic stigmatization of members of the queer community, as well as those with family and loved ones who idenitify as such. Although the traditional Republican Party favors limited government, they consistently spin their legislative web into places it does not belong, such as women’s bodies, doctor’s offices, and now classrooms, to legislate where they have no business doing so. By silencing the LGBTQ+ community, Republicans are alienating and vilifying potential voters, particularly moderates. This behavior is not only hateful, but it is also bad for the general support of the party. We must reject the divide of one party being that of love and one of hate. Love should have no party affiliation.
Olivia Deming is a Senior Editor for CPR and studies Political Science and Anthropology at Columbia, finding a blend between the two. She is on the women’s wrestling team, loves the art of storytelling, and enjoys writing poetry and sending letters.
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