Everything you need to know about the "Don't Say Gay" bill

This past month, it's likely you've probably heard mention of the "Don't Say Gay" bill on the news or seen it talked about on social media. You might already be aware that it's a form of new legislation set to impact schools, specifically how they handle LGBTQIA+ issues, in the US. But beyond that, and beyond knowing that several celebrities and many LGBTQIA+ charities and rights groups have vocally opposed the bill, you might not be well-versed on the details.

However, it's easier to know what you're up against if you have all the facts. So, as the bill has been recently signed into law, we've rounded up the crucial information about the "Don't Say Gay" bill: from what it is, to who it impacts and what activists are saying.

Has the "Don't Say Gay" bill passed?

On Monday (28 March), the bill was signed by Florida Governor Ron DeSantis, who had the power to either sign or dismiss the bill, and has now become legally binding.

Before this, on 24 February, the Republican-dominated Florida House of Representatives passed the bill and it was then put to the Florida Senate (which also has a Republican majority) for debate where it was passed on 8 March. DeSantis's verdict was the final step in determining whether the measures would become law.

Now it has been signed, the legislation will come into effect from 1 July.

What is the "Don't Say Gay" bill?

The Parental Rights in Education bill, informally dubbed the "Don't Say Gay" bill or the "Don't Say Gay or Trans" bill is a piece of legislation in the US state of Florida.

The bill has proved especially controversial due to several lines in the legislation (full text available here) which seek to change the ways that LGBTQIA+ identities are referenced and taught in schools. They lay out an explicit ban on mentioning LGTBQIA+ issues for children in early years primary school, stating; “classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in kindergarten through [third grade]”.

Additionally, this section of the bill also seeks to prohibit the teaching of or discussion of LGBTQIA+ issues and topics “in a manner that is not age appropriate or developmentally appropriate for students in accordance with state standards” for students of other ages, in other grades.

What else does the Parental Rights in Education bill say?

Elsewhere, beyond its most controversial passages, the bill makes it obligatory for schools to let parents know if their children have been provided mental, emotional or physical health services and states that a "school district may not adopt procedures or student support forms that prohibit school district personnel from notifying a parent about his or her student's mental, emotional, or physical health or well-being" (this could include those relating to gender identity and sexuality) unless the school staff determine that there is a risk to the child of "abuse, abandonment or neglect". The bill also gives parents the choice to opt their children out of mental or physical health services.

The legislation states that parents “may bring an action against a school district to obtain a declaratory judgement" and that courts can grant damages and legal fees – the cost of which would have to be footed by the school district – if a school is found guilty of breaking the rules set out in the legislation.

Finally, the legislation obliges schools to update current school counselling guidelines so that they are "in accordance with the requirements of this act." Analysis in The New York Times has pointed out that these guidelines affirm diversity in terms of “sexual orientation, gender, gender identity/expression, family type,” which may be what this part of the bill seeks to change.

What do critics say about the bill?

Republican politicians have claimed that the bill is predominantly aimed at giving parents (guardians are not mentioned in the bill's text) more control and rights over their children's schooling. However, the language used by advocates of the bill to discuss the legislation has been perceived as inflammatory and anti-LGBTQIA+ – with DeSantis himself saying in a press conference that telling children "they can be whatever they want to be" was "inappropriate".

Arguments against the bill point to the ways that it could harm teachers' freedom of speech (particularly if they also happen to be LGBTQIA+ themselves), prevent LGBTQIA+ students from learning in an affirming environment and provoke further bullying and intolerance towards LGBTQIA+students.

Certain analysis has also taken issue with the vague language of this bill: which in one instance bans discussion of gender identity and sexuality in ways that are not "age-appropriate or developmentally appropriate" (guidelines and examples of what this means have not been provided). Activists feel that this leaves too much open to interpretation and could make schools and educators overly vulnerable to being sued by parents. Due to this, individuals predict that schools may wish to completely avoid the risk of litigation and avoid even the smallest mention of LGBTQIA+ culture and issues.

The actions in Florida have been disapproved of at the highest level of government, with a tweet from the official White House Twitter account referring to the bill as "legislation designed to attack LGBTQI+ kids" a statement which President Joe Biden retweeted, adding the caption; "I want every member of the LGBTQI+ community — especially the kids who will be impacted by this hateful bill — to know that you are loved and accepted just as you are. I have your back, and my Administration will continue to fight for the protections and safety you deserve."

LGBTQIA+ charities and activists have also been vocal about their worries about the bill. "Discriminatory pieces of legislation like the ‘Don't Say Gay or Trans’ bill don’t solve any critical issues in Florida. Instead, these bills shamefully attack and endanger LGBTQ+ students who are just trying to get a quality education, whom the state has an obligation to treat fairly and protect," Cathryn M. Oakley, State Legislative Director and Senior Counsel at the Human Rights Campaign (an LGBTQIA+ advocacy and lobbying group in the US) has stated.

In response to the legislation, high school students in Florida have staged walkouts and protests in areas such as Orlando, St. Petersburg, Jacksonville, St. Augustine, Tampa and Palm Coast.

Would schools have to disclose children's LGBTQIA+ identities to their parents?

In February, reports began to circulate about a proposed amendment from Florida state representative Joe Harding which would force educators to tell an LGBTQIA+ child's parent(s) about their identity within six weeks of learning about it.

The amendment stressed that; “the school principal or his or her designee shall develop a plan, using all available governmental resources, to disclose such information within [six] weeks after the decision to withhold such information from the parent.”

However, the amendment was removed before the bill officially reached the House of Representatives and is not included in the bill in its current form, which has been signed into law.

What celebrities have spoken out about the bill?

Queer comedians have spoken out about the bill such as Kate McKinnon, who performed a segment about the bill on SNL, and Wanda Sykes, who said "We’re gonna have a great night, and for you people in Florida, we’re gonna have a gay night,” while hosting the Oscars on Sunday night.

Other celebrities who have voiced their concerns on social media include Shawn Mendes, Kerry Washington and Ariana Grande, who reportedly shared news of the bill on her Instagram Story with the words "disgusting".

Is there similar legislation elsewhere?

The "Don't Say Gay" bill is in some ways similar to Section 28, UK legislation active from 1988 to 2003 which outlawed the "promotion of homosexuality" in schools and local authorities.

Also in Florida, the Parental Rights in Education Bill is accompanied by Senate Bill 148, which has been nicknamed the "Stop WOKE Bill" and seeks to restrict how race is taught about and discussed in schools and corporate training and to prohibit teachings about systemic racism and critical race theory.

Elsewhere in the US, the bill is just one of what CNN estimates to be over 150 pieces of anti-LGBTQIA+ legislation to be introduced so far this year, which take aim at everything from gender-affirming healthcare to including trans students in sports.

In Georgia this month, Republican lawmakers have tabled a similar bill to the "Don't Say Gay" bill. The Common Humanity in Private Education Act focusses on private schools and states that; “no private or nonpublic school or program … shall promote, compel, or encourage classroom discussion of sexual orientation or gender identity in primary grade levels or in a manner that is not appropriate for the age and developmental stage of the student.”

How can I help?

If you want to help individuals in the US impacted by anti-LGBTQIA+ legislation and can afford to make a donation, consider supporting LGBTQIA+ charities like the Florida-based Equality Florida, as well as advocacy groups such as the Human Rights Campaign and LGBTQIA+ crisis services such as The Trevor Project.

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