Florida’s ‘Don’t Say Gay’ Law: Damaging to LGBTQ+ Students, Parents, and Teachers


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Florida Governor Ron DeSantis signed the controversial “Parental Rights in Education” bill into law on Monday. The bill, dubbed the ‘Don’t Say Gay’ bill, prohibits instruction on sexual orientation and gender identity from kindergarten through 3rd grade. The bill’s language states: “Classroom instruction by school personnel or third parties on sexual orientation or 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.”[1] Parents can sue school districts over violations.

The legislation also requires schools to notify parents of any health or support services provided to their kids in school and gives them an opportunity to deny the services on behalf of their children.

The new law further marginalizes LBGTQ+ communities and puts youth who identify as members of that community at risk. A CDC study, the Youth Risk Behavior Surveillance, shows that many LBGTQ+ young people are susceptible to higher health and suicide risks than their classmates.[2] The Trevor Project reports that “when those kids are given access to spaces that affirm their gender identity, they report lower rates of suicide attempts.”[3] Taking away a potentially safe space at school could lead to devastating results.

On Thursday, a group of LBGTQ+ advocates sued Florida and the DeSantis administration in federal court over the bill.[4] Lawyers representing the group argue that the bill violates the First and 14th Amendments to the United States Constitution, as well as federal Title IX rules. The complaint attacks “vagueness” in the law and states “[t]he law not only stigmatizes and silences those vulnerable students, exacerbating risks to their welfare, but also threatens school officials who foster a safe and inclusive environment for them.”[5]

Teachers especially fear the effect this law will have on the way they teach and what their students share. In an article shared by NPR, one Florida teacher says, “[i]t makes wonder, when I talk about families in my classroom, am I going to be violating this law because the children were having discussions about what their family looks like… I’m very fearful that this law is going to just open it up for a lot of more things to start being discriminated against.”[6]


[1] Jaclyn Diaz, Florida’s governor signs controversial law opponents dubbed ‘Don’t Say Gay”, NPR (March 28, 2022), https://www.npr.org/2022/03/28/1089221657/dont-say-gay-florida-desantis.

[2] Madeleine Roberts, New CDC Data Shows LGBTQ Youth are More Likely to be Bullied Than Straight Cisgender Youth, Human Rights Campaign (August 26, 2020), https://www.hrc.org/news/new-cdc-data-shows-lgbtq-youth-are-more-likely-to-be-bullied-than-straight-cisgender-youth

[3] Jaclyn Diaz, Florida’s governor signs controversial law opponents dubbed ‘Don’t Say Gay”, NPR (March 28, 2022), https://www.npr.org/2022/03/28/1089221657/dont-say-gay-florida-desantis.

[4] Andrew Atterbury, LGBTQ advocates sue over Florida’s ‘Don’t Say Gay’ bill, Politico (March 31, 2022), https://www.politico.com/news/2022/03/31/lgbtq-advocates-sue-florida-00022001.

[5] Id.

[6] Melissa Block, Teachers fear the chilling effect of Florida’s so called ‘Don’t Say Gay’ law, NPR (March 30, 2022), https://www.npr.org/2022/03/30/1089462508/teachers-fear-the-chilling-effect-of-floridas-so-called-dont-say-gay-law.

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