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Florida Parental Rights in Education Act

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Parental Rights in Education Act
Florida Legislature
Enacted by2020–2022 Florida Legislature
EnactedMarch 28, 2022
Signed byRon DeSantis
CommencedJuly 1, 2022
Introduced byJoe Harding
Summary
Requires district school boards to adopt procedures that comport with certain provisions of law for notifying student's parent of specified information, prohibits classroom discussion about sexual orientation or gender identity in certain grade levels
Status: Not yet in force
Sex and the law
Social issues
Specific offences
(varies by jurisdiction)
Sex offender registration
Portals

The Parental Rights in Education Act, commonly known by critics as the Don't Say Gay bill, is a law introduced and passed in 2022 which outlined new statutes for primary education, most notably prohibiting classroom discussion of 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. Governor of Florida Ron DeSantis signed the bill into law on March 28, 2022, which will become effective on July 1, 2022.[1]

The bill was criticized by some individuals as well as large corporations for prohibiting students in primary classes (kindergarten to grade 3) from learning about gender identity in schools. In particular, The Walt Disney Company was notably vocal in its opposition after pressure from employees, leading to DeSantis and Disney being involved in an ongoing feud.[2]

Legislative history

Republican Florida state Sen. Dennis K. Baxley introduced the controversial bill into the Senate in 2021. Known informally as the "Don't Say Gay" bill, it prohibits teachers from discussing LGBT related topics in classrooms.[3][4] The legislation has been opposed by the American Bar Association,[5] Equality Florida,[6] and U.S. President Joe Biden.[7] Despite that, in February 2022, the bill passed the Florida House. The House version of the bill (HB 1557) then passed the Florida Senate in March 2022, with Baxley in full support.[8]

Support and opposition

Supporters of the bill state that discussions about sexuality and gender identity should be handled by a child's parents and not by their schools;[9] DeSantis's Press Secretary Christina Pushaw has called HB 1557 an "Anti-Grooming Bill".[9] Opponents of the bill state that it could further stigmatize LGBT students and that schools should be a place where LGBT topics are discussed.[9]

Dennis Baxley originally proposed the bill in 2021

Some conservatives, such as political commentator Matt Walsh, argue that the bill does not go far enough.[9] Former Democratic presidential candidate Tulsi Gabbard also argued that the bill should have been more expansive. Gabbard stated instead of kindergarten to grade 3, the legislation should encompass students from kindergarten to 12th grade.[10]

There are concerns among some legal scholars that the proposed legislation within Florida could violate the First Amendment to the United States Constitution, and could be potentially unconstitutional.[11] Walkouts by students were held in schools across Florida in response to the bill.[12][13] Employees at The Walt Disney Company also planned walkouts over the bill, which culminated in a large protest.[14] The company and CEO Bob Chapek (despite earlier maintaining no stance), as well as Disney heir Charlee Corra all decided to publicly oppose the bill, with Corra also using the moment to come out as transgender. The company received heavy criticism from DeSantis and many conservative media outlets for its opposition to the bill.[15][16] Nationally, 158 companies (including Marriott, Hilton, American Airlines, and AirBNB) signed a Human Rights Campaign petition opposing the bill.[17] The American Psychological Association has also voiced opposition to the law.[18]

Public opinion

A University of Florida poll showed voters are divided – 49% strongly or somewhat disapproved of the legislation and 40% strongly or somewhat approved. The poll's small sample size made the margin of error high.[19] In contrast, the Republican political survey and polling firm Public Opinion Strategies poll found that 61% support the legislation while 26% oppose it, 67% of parents support the legislation while 24% oppose it, and 51% of Democrats support the legislation while 29% oppose it.[20]

On March 31, a lawsuit was filed in federal court on behalf of Equality Florida and Family Equality, which sought to block the bill on the grounds that it was unconstitutional. The lawsuit alleged that the bill violates the constitutionally protected rights of free speech, equal protection and due process of students and families, and argued that the bill was an effort to "control young minds" which prevented students from living "their true identities in school".[21][22]

According to Forbes, the bill has the potential to negatively affect the $97 billion tourism industries within Florida.[23]

References

  1. ^ O'Connor, Lydia (2022-03-28). "Gov. Ron DeSantis Signs Florida's 'Don't Say Gay' Bill Into Law". HuffPost. Retrieved 2022-03-28.
  2. ^ Maddaus, Gene (2022-04-06). "Disney vs. Ron DeSantis: Why the Media Giant's Fight Over 'Don't Say Gay' Keeps Escalating". Variety. Retrieved 2022-04-14.
  3. ^ "CS/CS/HB 1557 (2022) - Parental Rights in Education | Florida House of Representatives". www.myfloridahouse.gov. Retrieved 2022-02-23.
  4. ^ "Lawmaker Pulls Amendment to Florida's "Don't Say Gay" Bill That Would Force Teachers to Out Students". news.yahoo.com. Retrieved 2022-02-23.
  5. ^ Journal, A. B. A. "ABA opposes provisions in Florida's 'Don't Say Gay' bill". ABA Journal. Retrieved 2022-02-23.
  6. ^ Migdon, Brooke (2022-02-15). "LGBTQ+ group slams Florida's 'Don't Say Gay' bill in new ad". TheHill. Retrieved 2022-02-23.
  7. ^ "'Don't Say Gay': Biden denounces 'hateful' new Florida bill". BBC News. 2022-02-10. Retrieved 2022-02-23.
  8. ^ "CS/CS/HB 1557: Parental Rights in Education". The Florida Senate. Retrieved 2022-03-20.
  9. ^ a b c d Foley, Ryan (2022-03-09). "DeSantis slams 'false' media claims about bill to ban teaching gender ideology to kids". The Christian Post. Archived from the original on 2022-03-10. Retrieved 2022-03-11.
  10. ^ Johnson, Chris (2022-04-04). "Tulsi Gabbard says Florida 'Don't Say Gay' law should have gone further". Washington Blade: LGBTQ News, Politics, LGBTQ Rights, Gay News. Retrieved 2022-04-24.
  11. ^ Migdon, Brooke (2022-03-05). "Does Florida's 'Don't Say Gay' bill violate the First Amendment?". The Hill. Archived from the original on 2022-03-08. Retrieved 2022-03-11.
  12. ^ "Tampa Bay students walk out in protest of Florida's 'don't say gay' bill". Tampa Bay Times. Archived from the original on 2022-03-06. Retrieved 2022-03-08.
  13. ^ Nation, LGBTQ. "Students across Florida walkout of classes in protest of "Don't say gay" bill". LGBTQ Nation. Archived from the original on 2022-03-07. Retrieved 2022-03-08.
  14. ^ Faughnder, Ryan (March 15, 2022). "Disney LGBTQ employees plan walkout over Florida bill". LA Times. Archived from the original on March 16, 2022. Retrieved March 20, 2022.
  15. ^ "Disney heir comes out as transgender, condemns Florida's LGBTQ law". Washington Post. ISSN 0190-8286. Retrieved 2022-04-14.
  16. ^ "DeSantis takes on Disney in latest battle in the Republican culture war". the Guardian. 2022-04-09. Retrieved 2022-04-14.
  17. ^ Henry Berg-Brousseau (February 28, 2022). "Marriott, Hilton, American Airlines and AirBnb Join 150+ Major U.S. Companies To Oppose Anti-LGBTQ+ Legislation in Florida".
  18. ^ "Psychologists Explain Why HB 1557, Dubbed 'Don't Say Gay,' Is Unhealthy For Children". 2022-03-29. Retrieved 2022-04-28.
  19. ^ "Voters split over 'Don't Say Gay' bill in Florida Legislature". Sun Sentinel. 2022-02-22. Archived from the original on 3 March 2022.
  20. ^ "'Don't Say Gay' Is Popular? You Don't Say". The Wall Street Journal. 2022-04-01. ISSN 0099-9660. Retrieved 2022-04-02.
  21. ^ "LGBTQ groups sue Florida over the so-called 'Don't Say Gay' law". Associated Press. 2022-04-01. Retrieved 2022-04-03.
  22. ^ Larson, Erik (2022-03-31). "DeSantis LGBTQ School Law Harms 'True Identities,' Suit Says". Bloomberg. Retrieved 2022-04-03.
  23. ^ "Will Florida's 'Don't Say Gay' Law Hurt its $97 Billion Tourism Industry?". Forbes.

Further reading

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