The state of Florida and the plaintiffs challenging the parental rights law that critics nicknamed “Don't Tell Me I'm Gay” on Monday banned instruction on sexual orientation and gender identity in kindergartens from Aug. 8. Agreed to a settlement that clarifies the scope of the law's prohibition. School year.
The plaintiffs, a group of students, parents, educators and LGBTQ advocacy groups, accused the law, signed by Gov. Ron DeSantis in 2022, of causing chaos and fear in public schools. The proposed settlement would allow students and teachers in public schools to discuss gender identity and sexual orientation as long as it is not part of formal instruction in the classroom.
The plaintiffs claimed victory, arguing that it would end discrimination stemming from ambiguity in the law, officially known as the Parental Rights in Education Act.
The Republican administration of Mr. DeSantis also portrayed the settlement as a major victory, confirming that critics had deliberately misinterpreted the law as applying more broadly than it actually did. Stated.
Opponents say the law's ambiguous language leads students to believe they can't create artwork depicting their same-sex parents, teachers to believe they can't display photos of same-sex partners, and schools to protect homosexuals. He claimed that he was led to believe that he could no longer be permitted to do so. Books on the topic and student organizations that support gay students.
Roberta Kaplan, lead attorney for the plaintiffs, said in a statement that the settlement “prevents hatred and bullying.” She added, “Simply put, the state of Florida has made it clear that Florida's LGBTQ+ children, parents, and teachers can, in fact, say they are gay.”
DeSantis' office said in its own statement that the settlement ensures that “children are protected from radical gender and sexual ideologies in the classroom” because the law still stands. Ryan Newman, the governor's general counsel, said the administration now expects the lawsuit to be dismissed.
“We fought hard to ensure that this law was not vilified in the courts just as it was vilified in public by the media and big corporations,” Newman said in a statement.
The settlement, filed in the 11th Circuit Court of Appeals in Atlanta, comes nearly two years after Mr. DeSantis signed it into law. The move was central to the image he cultivated prior to his failed presidential bid as a Republican unyielding to the political left, which he derided as “woke.”
Mr. DeSantis has long defended the law as a common-sense measure. Critics, he says, “actually support his awakening of gender ideology in first grade.”
But the nickname stuck. And the law, along with a number of other controversial laws Mr. DeSantis has signed in recent years, comes after groups like Equality Florida, one of the plaintiffs, filed a lawsuit last year citing concerns about declining rights and freedoms in the state. A travel advisory has been issued. .
Cecil Aury, one of the plaintiffs in the case, said she and her partner, Rabbi Amy Morrison, were exposed to discrimination because of the law's two young children, who attend public schools, because they have two mothers. He said he filed the lawsuit because he was afraid of being exposed. Dr. Aury, the grants manager for the city of Miami Beach, said that while the law may not explicitly say “don't say you're gay,” it actually works.
“When you make everything into potential problems, potential lawsuits, potential terminations, that's really what happens,” she said. “People either couldn't say something, felt they shouldn't say it, or felt it would be dangerous to say it, so they ended up muting or silencing a lot of things. .”
The law allows parents to sue school districts if violations are identified.
The settlement language, which Florida must share with Florida's 67 public school districts, states that the law restricts “literary references to homosexual or transgender persons or same-sex couples” in public school classrooms. It is clear that there is no. It states that references to LGBTQ people are not prohibited in literature, classroom discussions, student work, or reviews. Also, such references to a teacher's spouse or partner or other non-teaching situations are not prohibited.
The proposed settlement also states that instruction must be neutral when it comes to issues of sexual orientation and gender identity, meaning teachers cannot, for example, teach that heterosexuality is superior to homosexuality or bisexuality. It means you shouldn't.
The law also does not prohibit classes on bullying or interventions aimed at stopping bullying, and does not require the removal of “safe spaces” in schools for LGBTQ people or stickers marking such locations. It is also clear that there is no such thing.
And in Florida schools, student-run organizations such as the Gay and Straight Alliance are hosting book fairs, musicals and plays that make LGBTQ references or characters, and that highlight individuals' perceived gender identities. It makes it clear that non-conforming expressions and clothing are permitted.
The proposed settlement states that the law does not apply to books in school libraries unless they are used for instruction.
