Jump to content

Anti-LGBTQ curriculum laws in the United States

Edit links
From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by Davide King (talk | contribs) at 19:35, 1 December 2022 (ce). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

  State law that prohibits discrimination against students based on sexual orientation and gender identity
  State law that prohibits discrimination against students based on sexual orientation only
  State law that prohibits bullying of students based on sexual orientation and gender identity
  State school regulation or ethical code for teachers that address discrimination or bullying of students based on sexual orientation and gender identity
  State school regulation or ethical code for teachers that address discrimination or bullying of students based on sexual orientation only
  State law that forbids instruction on LGBT issues within public schools
  State law that forbids local school districts from having anti-bullying policies that enumerate protected classes of students
  State law that prohibits bullying in school but lists no categories of protection
  No law that specifically prohibits bullying in schools

Anti-LGBT curriculum laws, sometimes referred to as don't say gay laws[1] or no promo homo laws,[2] are laws approved by various U.S. states that prohibit or limit the mention or discussion of homosexuality and transgender identity in public schools. In theory, these laws mainly apply to sex ed courses, but they can also be applied to other parts of the school curriculum as well as to extracurricular activities such as sports and organizations such as gay–straight alliances.[3] In July 2022, a wave of anti-LGBT curriculum resurgence saw ten such laws beginning to take effect in six different states. Some states enacting these new laws appear to have mirrored similar laws from other states.[1]

Historically, explicit anti-LGBT curriculum laws have been largely eliminated in the United States and are only found in six US states as of 2022: Louisiana, Mississippi, Oklahoma, Texas,[4] and Florida (for kindergarten to grade 3 and instruction that is considered "not age appropriate or developmentally appropriate for students" in any grade),[5] and Alabama (for kindergarten to grade 5).[6] Five other states (Montana, Arizona, Arkansas, Tennessee and Florida) require parental notification of instruction on LGBTQ issues and allows parents to opt-out of such instruction.[7]

They are similar to Section 28 of the Local Government Act 1988 in the UK, introduced on May 24, 1988, which prohibits local authorities from "intentionally promoting homosexuality, publishing material with the intention of promoting homosexuality, or promoting the teaching in any maintained school of the acceptability of homosexuality as a pretended family relationship."[8] The law was repealed in Scotland in 2000, as one of the first actions of the devolved Scottish Parliament, and in the rest of the United Kingdom in 2003.[9]

State laws

Louisiana

"No sex education course offered in the public schools of the state shall utilize any sexually explicit materials depicting male or female homosexual activity ... The major emphasis of any sex education instruction offered in the public schools of this state shall be to encourage sexual abstinence between unmarried persons and any such instruction shall: ... Emphasize abstinence from sexual activity outside of marriage as the expected standard for all school-age children." La. R.S. § 17:281.[10][11] State Legislator Dodie Horton introduced HB 837 in the 2022 Legislative Session which would prohibit any public school teacher, employee or presenter from discussing sexual orientation or gender identity, it died in committee.[12] As of 2022, no state law in place prevents such discussions from taking place.

Mississippi

"Abstinence-only education shall remain the state standard for any sex-related education taught in the public schools. For purposes of this section, abstinence-only education includes any type of instruction or program which, at an appropriate age ... [t]eaches the current state law related to sexual conduct, including forcible rape, statutory rape, ... and homosexual activity ... and teaches that a mutually faithful, monogamous relationship in the context of marriage is the only appropriate setting for sexual intercourse." Miss. Code § 37-13-171.[10][13]

Oklahoma

"AIDS prevention education shall specifically teach students that: 1. engaging in homosexual activity, promiscuous sexual activity, intravenous drug use or contact with contaminated blood products is now known to be primarily responsible for contact with the AIDS virus; 2. avoiding the activities specified in paragraph 1 of this subsection is the only method of preventing the spread of the virus." 70 Okla. Stat. § 11-103.3.[10][14]

Texas

Texas Statute Books currently contain two Anti-LGBT curriculum laws:

"The materials in the education programs intended for persons younger than 18 years of age must: (1) emphasize sexual abstinence before marriage and fidelity in marriage as the expected standard ... and (2) state that homosexual conduct is not an acceptable lifestyle and is a criminal offense under Section 21.06, Penal Code." Tex. Health & Safety Code § 85.007.[15]

"Course materials and instruction relating to sexual education or sexually transmitted diseases should include: [...] (8) emphasis, provided in a factual manner and from a public health perspective, that homosexuality is not a lifestyle acceptable to the general public and that homosexual conduct is a criminal offense under Section 21.06, Penal Code." Tex. Health & Safety Code § 163.002.[10][16]

In November 2020, the Texas Board of Education had an opportunity to update these laws, but the Republican majority voted not to in a 9-6 vote.[17] Despite this, they did vote in favor of updating the anti-bullying policy to include language about "sexual bullying", although it was unclear if this included LGBT students or not, and when the Conservative board members were questioned what the term meant, they could not give a straight definition.

As of March 2022, the Texas Anti-LGBT curriculum laws remain on the Statute books.

Florida

Main article: Florida Parental Rights in Education Act

In March 2022, the Florida Legislature passed House Bill 1557, the Parental Rights in Education Act,[18] often referred to as the "Don't Say Gay" bill by its opponents.[19][20] Governor of Florida Ron DeSantis signed the bill into law on March 28, 2022. The law goes into effect from July 1[21] The law prohibits classroom instruction on sexual orientation or gender identity from kindergarten to grade 3 in Florida public school districts, or instruction on sexual orientation or gender identity in a manner that is not "age appropriate or developmentally appropriate for students" in any grade. The preamble of the law also mentions "classroom discussion" of these topics, dividing legal scholars if that would be included within the scope of the law. It also allows parents and teachers to sue any school district if they believe this policy is violated, with school districts covering the cost of the lawsuit.[22][23][24][25][26][27] The bill additionally prevents school districts from withholding information about a child’s "mental, emotional, or physical well-being" from their parents.[28][29] Due to the "Don't Say Gay" nickname, some commentators and social media users incorrectly believed the bill banned mentioning the word "gay" in school classrooms. The bill does not verbatim prohibit the use of the word "gay;" it prohibits classroom instruction or "discussion" on “sexual orientation or gender identity."[29]

The bill is currently being contested by a lawsuit in the United States District Court for the Northern District of Florida alleging intrusions on the First Amendment , violates Title IX, and Due Process.[30]

Alabama

In April 2021, Alabama governor Kay Ivey signed a repeal[31] of a 1992 law that required "Course materials and instruction that relate to sexual education or sexually transmitted diseases should include ... an emphasis, in a factual manner and from a public health perspective, that homosexuality is not a lifestyle acceptable to the general public and that homosexual conduct is a criminal offense under the laws of the state." Ala. Code § 16-40A-2. This itself, however, was undone in 2022, as Ivey re-signed similar legislation prohibiting LGBT instruction in 2022 after Florida passed its law.[10][32][33]

Repealed laws

Arizona

In April 2019, the Arizona State Legislature passed (House vote 55–5 and Senate vote 19–10) and the Governor of Arizona signed a repeal[34] of the 1991 HIV law (ARS § 15-716) that prohibited AIDS and HIV-related "instruction which: 1. Promotes a homosexual life-style. 2. Portrays homosexuality as a positive alternative life-style. 3. Suggests that some methods of sex are safe methods of homosexual sex."[35] Due to several court cases running, the constitutionality of the law was questioned.[34][36] The repeal went into effect on July 1, 2019.[37][38]

North Carolina

In 2006 with the passage of 2006 N.C. Sess. Laws 264,§ 54(a)–(c), the North Carolina State Legislature amended N.C. Gen. Stat. § 115C-81(e1)(3) to remove the prohibition of discussing homosexuality.[39]

Utah

On October 21, 2016, Equality Utah filed a lawsuit with the U.S. District Court for the District of Utah against the Utah State Board of Education to strike down Utah Code § 53A-13-101(1)(c)(iii)(A).[40] On March 8, 2017, the Utah State Legislature passed SB196, which removes the phrase "the advocacy of homosexuality" from the law.[41][42] On March 20, 2017, Governor Gary Herbert signed SB196 into law. The repeal went into effect on July 1, 2017.[43]

The repealed statute stated "[T]he materials adopted by a local school board ... shall be based upon recommendations of the school district's Curriculum Materials Review Committee that comply with state law and state board rules emphasizing abstinence before marriage and fidelity after marriage, and prohibiting instruction in the advocacy of homosexuality." Utah Code § 53A-13-101.[10]

Overturned laws

South Carolina

On March 11, 2020, the US District Court of South Carolina ruled in GSA v. Spearman that South Carolina's anti-LGBT curriculum law "cannot satisfy any level of judicial review under the Equal Protection Clause". The Court ordered that "[t]he Superintendent and the Superintendent's officers, assigns, successors, agents, employees, attorneys, and other persons who are acting in concert or in participation with each or any of them, are permanently enjoined from enforcing, applying, or relying on S.C. Code. § 59-32-30(A)(5)."[44] This rendered S.C. Code. § 59-32-30(A)(5) unenforceable.

The judgement was a consent decree. The defendant, the superintendent of the South Carolina Department of Education, agreed that the law was likely unconstitutional after receiving advice from South Carolina Attorney General Alan Wilson and decided to accept the Court's terms.[44][45]

Proposed laws

Federal

Main article: Stop the Sexualization of Children Act

In October 2022, 32 Republicans co-sponsored Louisiana representative Mike Johnson's Stop the Sexualization of Children Act, modeled after the 2022 Florida Parental Rights in Education Act, with it also earning the nickname of the "national Don't Say Gay law. It would use denial of federal funds to enforce similar rules.[46]

Alabama

On April 7, 2022, an amendment to House Bill 322, which requires all multiple occupancy restrooms or changing areas designated for student use in public K-12 schools to be used by individuals based on their biological sex,[47] was offered and passed in the Alabama Senate. On page 2, after line 27 of the original bill, it amends "An individual or group of individuals providing classroom instruction to students in kindergarten through the fifth grade at a public K-12 school shall not engage in classroom discussion or provide classroom instruction regarding sexual orientation or gender identity in a manner that is not age appropriate or developmentally appropriate for students in accordance with state standards."[48] The bill was signed by Governor Kay Ivey in April 2022 and is scheduled to go into effect this summer.[6]

Ohio

On April 4, 2022, House Bill 616 was introduced to the Ohio General Assembly by Mike Loychik and Jean Schmidt. Starting on page 3, line 51, it says "No school district, community school, STEM school, nonpublic school that enrolls students who are participating in a state scholarship program, or any employee or other third party representing a school district or school shall do either of the following: (a) With respect to a student in any of grades kindergarten through three, teach, use, or provide any curriculum or instructional materials on sexual orientation or gender identity; (b) With respect to a student in any of grades four through twelve, teach, use, or provide any curriculum or instructional materials on sexual orientation or gender identity in any manner that is not age-appropriate or developmentally appropriate for students in accordance with state standards. [...]"[49]

South Carolina

On January 11, 2022 House Bill 4555, called the "Parental Bill of Rights", was introduced into the South Carolina General Assembly. If the proposed bill passes, the bill would require schools to provide "...procedures for a parent to withdraw his child from any portion of the school district's comprehensive health education program required pursuant to Chapter 32, Title 59 that relates to sex education or instruction in acquired immune deficiency syndrome education or any instruction regarding sexuality..."[50]

North Carolina

On April 29, 2021 House Bill 755, called the Parental Bill of Rights", was introduced into the North Carolina General Assembly. If the proposed bill passes, the bill would prevent inclusion in the curriculum of instruction of children in grades kindergarten through third grade about sexual orientation or gender identity.[51]

See also

References

  1. ^ a b "10 anti-LGBTQ laws just went into effect. They all target schools". Washington Post. ISSN 0190-8286. Retrieved 2022-07-08.
  2. ^ "Anti-Gay Curriculum Laws". Columbia Law Review. Retrieved 2021-11-16.
  3. ^ ""No Promo Homo" Laws". GLSEN. Archived from the original on 1 July 2014. Retrieved 28 August 2018.
  4. ^ "#DontEraseUs: FAQ About Anti-LGBT Curriculum Laws". Retrieved 28 August 2018.
  5. ^ Diaz, Jaclyn (March 28, 2022). "Florida's governor signs controversial law opponents dubbed 'Don't Say Gay'". NPR. Retrieved May 11, 2022.
  6. ^ a b "Alabama governor signs 'Don't Say Gay,' trans care and bathroom ban bills". ABC News. Retrieved 2022-07-01.
  7. ^ "Movement Advancement Project |". www.lgbtmap.org. Retrieved 2022-07-01.
  8. ^ Local Government Act 1988 (c. 9), section 28. Accessed July 1, 2006 on opsi.gov.uk.
  9. ^ "Local Government Act 2003". UK Government. Retrieved May 30, 2015.
  10. ^ a b c d e f "#DontEraseUs: State Anti-LGBT Curriculum Laws". Retrieved 28 August 2018.
  11. ^ "Louisiana State Legislature". www.legis.la.gov. Retrieved 28 August 2018.
  12. ^ Canicosa, J. C. (2022-05-03). "Louisiana's 'Don't Say Gay' bill dies in committee". Louisiana Illuminator. Retrieved 2022-11-03.
  13. ^ "2010 Mississippi Code :: TITLE 37 - EDUCATION :: :: Chapter 13 - Curriculum; School Year and Attendance. :: 37-13-171 - Abstinence education; components; exception to requirement; parent programs". Retrieved 28 August 2018.
  14. ^ "AIDS Prevention Education". www.oscn.net. Retrieved 28 August 2018.
  15. ^ "Health and Safety Code Chapter 85. Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection". Texas Legislature. Retrieved 28 August 2018.
  16. ^ "Health and Safety Code Chapter 163. Education Program About Sexual Conduct and Substance Abuse". Texas Legislature. Retrieved 28 August 2018.
  17. ^ "After 23 Years, Texas Revises Its Sex Education Policies". 23 November 2020.
  18. ^ "HB 1557". Florida Senate.
  19. ^ Borter, Gabriella (9 March 2022). "Florida lawmakers pass bill limiting LGBTQ discussion in school". Reuters.
  20. ^ Sopelsa, Brooke; Bellamy-Walker, Tat (2022-03-08). "'Don't Say Gay' bill: Florida Senate passes controversial LGBTQ school measure". NBC News. Archived from the original on 2022-03-10. Retrieved 2022-03-11.
  21. ^ O'Connor, Lydia (2022-03-28). "Gov. Ron DeSantis Signs Florida's 'Don't Say Gay' Bill Into Law". HuffPost. Retrieved 2022-03-28.
  22. ^ "Florida House passes controversial 'Don't Say Gay' bill". ABC News. Archived from the original on 2022-02-24. Retrieved 2022-02-24.
  23. ^ "BREAKING: Florida House of Representatives Passes "Don't Say Gay or Trans" Bill". Human Rights Campaign. Archived from the original on 2022-02-25. Retrieved 2022-02-25.
  24. ^ "Florida's House Of Representatives Passes 'Don't Say Gay' Bill". February 25, 2022. Archived from the original on February 25, 2022. Retrieved February 25, 2022.
  25. ^ "Florida H1557 | 2022 | Regular Session". LegiScan. Archived from the original on 2022-02-26. Retrieved 2022-02-26.
  26. ^ Goldstein, Dana (2022-03-18). "Opponents Call It the 'Don't Say Gay' Bill. Here's What It Says". The New York Times. ISSN 0362-4331. Retrieved 2022-04-06.
  27. ^ "Here's what Florida's 'Don't Say Gay' bill would do, and what it wouldn't do". NBC News. Retrieved 2022-04-07.
  28. ^ Solochek, Jeffrey S. (2022-03-31). "Parents upset DeSantis signed bill on gender lessons at their school". Tampa Bay Times. Retrieved 2022-04-03.
  29. ^ a b Reyes, Yacob (2022-01-03). "What's in a name: 'don't say gay' vs. 'parental rights'". Politifact. Retrieved 2022-04-03.
  30. ^ Saunders, Jim (October 31, 2022). "WMNF Opponents try again to Block Florida's "Don't say gay" education law". WMNF. Retrieved November 3, 2022.
  31. ^ Lyman, Brian. "Ivey signs bill striking anti-homosexuality language from Alabama sex education law". The Montgomery Advertiser. Retrieved 2021-04-28.
  32. ^ "Code of Alabama 1975". Alabama Legislature. Retrieved 23 February 2021.
  33. ^ Alfonseca, Kiara (April 8, 2022). "Alabama governor signs 'Don't Say Gay,' trans care and bathroom ban bills". ABC News. Retrieved 2022-11-15.
  34. ^ a b "Ducey signs law repealing teaching restriction considered anti-LGBTQ". KTAR.com. 11 April 2019.
  35. ^ "15-716 - Instruction on acquired immune deficiency syndrome; department assistance". www.azleg.gov.
  36. ^ "Arizona Governor Signs Repeal of 28-Year-Old 'No Promo Homo' Law Banning Teachers from Promoting a 'Homosexual Lifestyle'". 11 April 2019.
  37. ^ Bergelin, Paul (10 Apr 2019). "H.1346FloorSHOPE_Merged.pdf" (PDF). azleg.gov. Retrieved 28 Aug 2022.
  38. ^ "Arizona SB1346 | 2019 | Fifty-fourth Legislature 1st Regular". LegiScan.
  39. ^ Cooley, Amanda; Harmon (2015). "Constitutional Representations of the Family in Public Schools: Ensuring Equal Protection for All Students Regardless of Parental Sexual Orientation or Gender Identity" (PDF). Ohio State Law Journal. 76 (5): 1023.
  40. ^ "Case: Equality Utah v. Utah State Board of Education". National Center for Lesbian Rights. 21 October 2016. Retrieved 28 August 2018.
  41. ^ Harrie, Dan (March 8, 2017). "Utah Legislature strikes so-called 'no-promo homo' law". The Salt Lake Tribune. Retrieved 28 August 2018.
  42. ^ "SB0196". Utah State Legislature. Retrieved 28 August 2018.
  43. ^ Winslow, Ben (20 March 2017). "Utah governor repeals law forbidding 'promotion' of homosexuality in schools". FOX 13. Salt Lake City.
  44. ^ a b "Consent Decree Judgement in Gender and Sexuality Alliance; Campaign for Southern Equality; and South Carolina Equality Coalition, Inc. v. Molly Spearman" (PDF). National Center for Lesbian Rights. 11 March 2020. Archived (PDF) from the original on 29 March 2020. Retrieved 30 March 2020.
  45. ^ "LBGTQ groups: South Carolina law is putting students at risk". AP NEWS. 2021-04-20. Retrieved 2021-11-16.
  46. ^ What's in the so-called Don't Say Gay bill that could impact the whole country
  47. ^ "Introduced". The Alabama Legislature. Retrieved 10 April 2022.
  48. ^ "SHELNUTT AMENDMENT TO HB322". LegiScan. Retrieved 7 April 2022.
  49. ^ "As Introduced - H. B. No. 616". The Ohio Legislature. Retrieved 7 April 2022.
  50. ^ "2021-2022 Bill 4555: Parent Bill of Rights Act - South Carolina Legislature Online". www.scstatehouse.gov. Retrieved 2022-05-13.
  51. ^ "House Bill 755 (2021-2022 Session) - North Carolina General Assembly". www.ncleg.gov. Retrieved 2022-06-12.
Retrieved from "https://en.wikipedia.org/w/index.php?title=Anti-LGBTQ_curriculum_laws_in_the_United_States&oldid=1125017493"