Decoding the Don’t Say Gay Bill: What Florida’s Latest Legislation Means for LGBTQ Americans (And America Itself)

Ava Wahl

Imagine this: A teacher surveys her class, students whispering, laughing. The Florida sun beats down outside the slightly cracked window. It’s the end of the day, and a student walks by her as they leave, pointing to the bracelet on her wrist.

One student raises their hand. “That’s pretty. Where did you get it?”

“My wife.” she says. 

Kids have questions. She answers. It’s only the truth, after all. News spreads.

A week later, she’s been sued.

This scenario could very well become reality.

…

On March 28, 2022, surrounded by a group of young children at Classical Preparatory in Shady Hills, Fl., Governor Rob DeSantis signed off on a bill that bars the teaching of LGBTQ topics within state schools. Dubbed the “Don’t Say Gay” bill by those opposed to the regulation, the law itself dictates that “Classroom instruction by school personnel or third parties on sexual orientation and gender identity may not occur in kindergarten through grade 3 or in a manner that is not age-appropriate or developmentally appropriate for students in accordance with  state standards.” Officially named the Parental Rights in Education Bill, the new legislation goes into effect on July 1, 2022. 

The contents of the bill is somewhat vague, which is no accident. Questions about what counts as “classroom instruction” and “age-appropriate” have been pondered many times over by teachers and students. Supporters of the measure argue parents, not teachers, should be in charge of explaining topics relating to sexual orientation and gender identity. Effectively prohibiting any mention of LGBTQ people, families, and history in most elementary classrooms, the bill targets an already marginalized community and strays further from the ever-important principles of truth and inclusion.

DeSantis, a dedicated Republican and possible 2024 presidential candidate, explained that teaching kindergartners “they can be whatever they want to be” was not “appropriate for any place, but especially not in Florida.”

Simply put, the bill is a solution lacking a problem. Andrew Spar, president of the Florida Education Association, commented on the bill saying that it was “based on a falsehood, and that falsehood is that somehow we’re teaching kids inappropriate topics at an early age, and clearly we’re not”. 

Topics relating to sexuality and gender were never part of Florida’s K-through-3 syllabi in the first place, but the unclear phrasing in the bill opens up wide interpretation. Although the bill does not directly ban spontaneous discussion and only prevents the integration of LGBTQ themes into actual classroom curriculum, opponents worry that teachers in higher grades will be discouraged from mentioning such topics altogether, whether in historical and current events, or simply talking about a family member. If any conversation deemed inappropriate reaches the ears of concerned parents, they will have the right to take legal action if they feel their rights have been violated. 

Beyond the actual impact on educational practices, the bill undoubtedly denies the identities of LGBTQ individuals in Florida and across the country. LGBTQ students are already at higher risk for self-harming behavior, and according to the Trevor Project, a non-profit organization that works to prevent suicide in the LGBTQ community, they are less likely to attempt suicide when surrounded by an accepting, identity-affirming educational environment. 

Our President, Joe Biden, had his own thoughts on the “Don’t Say Gay” bill, calling it “hateful” and promising his administration “will continue to fight for dignity and opportunity for every student and family.” In an increasingly polarized and divided nation, the “Don’t Say Gay” law does nothing to uphold the values of freedom and equality on which our country was founded. 

This year, more than 200 anti-LGBTQ bills have been signed in the U.S.A. Many of these laws especially target transgender Americans, restricting their right to use their bathroom of choice or play on sports teams that align with their gender identity. More now than ever, the rights of LGBTQ citizens are being challenged and disregarded.

During this pressing time, the perseverance and strength of LGBTQ Americans and their advocates shines through, seen in the protests held throughout the state, chants of “We Say Gay” echoing throughout school halls. Northshore School District’s own Inglemoor High walked out in objection to the bill on April 1st, 2022. Additionally, the Walt Disney company expressed its opposition to the bill after backlash due to the corporation’s slow response. 

Florida is not the first state to pass a bill restricting educational freedom and it won’t be the last. Nevertheless, people will continue to fight the blatant attacks against self expression now threatening our country’s society, as we have seen time and time again throughout history. Students of all ages deserve to go to a school where their identities and histories are treated with love, honesty, and respect. We should be taught to champion inclusion and create spaces where people belong and don’t feel pressured to hide who they are.

And if we’ve learned anything from Harry Potter, it’s that no one should have to live in a closet.