Legal Settlement Clarifies Florida ‘Don’t Say Gay’ Law

Florida has reached a legal settlement regarding the controversial Parental Rights in Education Act, HB1557, often referred to as the “Don’t Say Gay” bill by LGBTQ+ advocates.

Under this settlement, students and teachers in Florida now have the freedom to discuss sexual orientation and gender identity within classroom settings. However, these discussions must remain separate from the formal school curriculum.

The lawsuit alleged that the bill was “impermissibly vague, was obviously motivated by hostility to LGBTQ+ persons and families, and created an enforcement system that enabled discrimination and discouraged efforts to fight it.”

The settlement, announced on Monday, brings clarity to the part of the legislation, which prohibits the inclusion of any classroom curriculum discussing sexual orientation or gender identity for students in kindergarten through third grade. 

According to the settlement terms, the law itself remains intact. The state still “restricts only classroom instruction on particular subjects — ‘sexual orientation’ and ‘gender identity”, however, will not restrict “the mere discussion of them.” 

Settlement Offers Relief from ‘Don’t Say Gay’ Law

“For nearly two years, Florida’s notorious ‘Don’t Say Gay’ law has spawned a disturbing wave of fear, anxiety, and confusion,” stated Roberta Kaplan, lead counsel for the plaintiffs. “By providing much-needed clarity, this settlement represents a major victory for the many thousands of LGBTQ+ students, teachers, parents, and their allies throughout Florida,” she added.

According to the settlement, teachers and students are permitted to discuss their own LGBTQ+ identities and families, safe space stickers can remain in classrooms, and students can engage in extracurricular activities like Gay-Straight Alliance clubs and wear clothing that doesn’t align with their assigned gender at birth.

Conservatives Celebrate ‘Don’t Say Gay’ Law Remaining in Effect

While the recent settlement provides clarity on discussions surrounding sexual identity and orientation, the conservative right sees the remaining law as a victory in their bid to exclude what they consider radical gender and sexual ideologies from public school classrooms.

The office of Governor Ron DeSantis, who signed the bill into law in 2022, maintains that the legislation will continue to serve as a safeguard for public school children against what they perceive as radical gender and sexual ideologies.

“We fought hard to ensure this law couldn’t be maligned in court, as it was in the public arena by the media and large corporate actors,” said Ryan Newman, an attorney for the state of Florida.

Conservative groups have continued to advocate for the reduction of LGBTQ+ rights. A nationwide survey by the RAND Corp found that two-thirds of teachers admitted to practicing self-censorship when addressing topics related to race and gender, even in the absence of any state laws prohibiting such discussions.

According to a press release issued by the plaintiffs and their legal representatives, “The agreement effectively nullifies the most dangerous and discriminatory impacts of Florida’s controversial ‘Don’t Say Gay’ law, and makes clear that the law must be applied neutrally and is no license to discriminate against or erase LGBTQ+ families”.