Floridian Governor Ron DeSantis signed into law the Parental Rights in Education bill on March 28, banning certain discussions on sexual or gender identity topics in Florida schools. The law, despite nationwide backlash from Hollywood, large corporations, and the President, has been vehemently defended by Florida state legislators and the Governor himself, on grounds of protecting parents' rights to what their children are taught at school.

The argument made by Governor DeSantis is that the education of “Kindergarteners or first-graders or second-graders should not be involving… sexuality, particularly things like transgenderism…” arguing that parents feel that children should not be exposed to certain forms of self-determination and expression. As a result, queer children may not feel comfortable expressing themselves in the ways that they want. Christina Cauterucci, of Slate, discusses the fact that even though the bill doesn’t explicitly ban the use of any words, “none [teachers or administrators] will want to risk potentially ruinous lawsuits by even mentioning the existence of gay or trans people in classrooms.” This fear echoes older policies, such as the “Don’t Ask, Don’t Tell” policy of the United States Military from 1994 to 2011, forcing queer servicepeople to be discharged if their sexual/gender identities were found out.

As far as consequences for “outing” queer people go, the bill presents another glaring issue: it prevents schools from keeping students' information confidential. The bill itself “[prohibits] school district personnel from discouraging or prohibiting parental notification and involvement in critical decisions affecting a student's mental, emotional, or physical well-being,” effectively making it impossible for staff at a school to protect students’ own sexuality, even if their parents hold prejudiced beliefs. Requiring notification of parents about a child’s sexuality could be devastating, as parents with such prejudiced beliefs tend to have bad relationships with queer children if they find out about their child’s identity. Coming out is a difficult process, one that relies entirely on one’s comfort with the person they’re coming out to, and forcing LGBTQ youth’s hand on something like this may make them feel unsafe in their own schools or homes.

Dana Goldstein, of the New York Times, puts it simply: “Still, this bill was written in large part because activists are worried about how schools respond to students who question their gender identity. They argue that schools should not affirm children who say they are transgender if it means contradicting their parents.” The bill essentially states that schools, faculty, and staff shouldn’t accept trans children for who they are simply because their parents do not agree with their gender identities. Policy such as this will only amplify the feeling of unsafety within schools for LGBTQ children. 

Florida asserts that a child’s gender is up to the parents, not the child. The bill, after being signed into law, will have a significant impact on the lives of Floridian children and school staff, and despite the backlash it has faced worldwide, Florida Republicans remain strongly in support of the bill. However, as it’s unlikely that this law will remain in place uncontroversially:  the Supreme Court will likely preside over a case to determine whether the law is constitutional, which will likely be the only chance to strike it down. 

With laws like this likely to find their way to the Supreme Court, one would hope that the law would turn against the bill. However, with a 6-3 Republican majority in the Supreme Court, something like that may not be likely. Observing the reaction to the potential overturning of Roe v. Wade, where many states have proposed anti-abortion legislation spurred on by a conservative court, the SCOTUS defending the Don’t Say Gay bill could provide an easy path for anti-LGBT legislation nationwide. 

Works Cited

Cauterucci, Christina. “Republicans Are Mad That People Are Calling Florida's ‘Don't Say Gay’ Bill A ‘Don't Say Gay’ Bill.” Slate Magazine, Slate, 26 Mar. 2022, slate.com/news-and-politics/2022/03/republicans-mad-dont-say-gay-bill.html. 

Goldstein, Dana. “Opponents Call It the 'Don't Say Gay' Bill. Here's What It Says.” The New York Times, The New York Times, 18 Mar. 2022, nytimes.com/2022/03/18/us/dont-say-gay-bill-florida.html?action=click&module=RelatedLinks&pgtype=Article. 

“Gov. DeSantis talks Parental Rights In Education bill.” YouTube, uploaded by WPTV News - FL Palm Beaches and Treasure Coast, 22 March 2022, youtube.com/watch?v=1HAqZDNnc-c.