Alabama House committee approves sex ed, ‘Don’t Say Gay’ bills

A House committee Wednesday held a public hearing on Wednesday on bills related to sex and gender education. (Getty Images)

The Alabama House Education Policy Committee Wednesday approved an expansion of Alabama’s “Don’t Say Gay” bill despite pushback from some Democrats.

HB 130, sponsored by Mack Butler, R-Rainbow City, would expand the limitations on teachers addressing sexual orientation and gender identity from kindergarten through fifth grade to kindergarten through twelfth grade. An amendment was added that would also limit pride flags in the classroom.

The bill passed on a voice vote.

The committee also approved HB 195 sponsored by Rep. Susan DuBose, R-Hoover, that would require any sexual education in public schools to exclusively teach “sexual risk avoidance,” or abstinence. The bill passed on a voice vote after little discussion.

A committee amendment was added to remove language around a cause for action: “the parent or guardian of any student at a public K-12 school may bring a cause of action against any local board of education and any of its agents or employees, including, but not limited to, a superintendent, principal, assistant principal, teacher, or teacher’s aide to seek compliance with this section in a court of competent jurisdiction. Available remedies include injunctive relief, attorney fees, and litigation expenses, including witness fees and court costs.”

The original “Don’t Say Gay” law was added to a bathroom bill on the last day of the 2022 regular session.  Florida settled a lawsuit over its “Don’t Say Gay” law earlier this month which said that teachers are allowed to mark their classrooms as LGBTQ+ safe spaces and programs aimed at preventing LGBTQ+ bullying can return, according to the Associated Press. 

The Alabama legislation states that an “individual or group of individuals providing classroom instruction to students in kindergarten through the twelfth grade at a public K-12 school shall not engage in classroom discussion or provide classroom instruction regarding sexual orientation or gender identity.”

Rep. Mark Gidley, R-Hokes Bluff, brought two amendments Wednesday. The first said that no teacher or employee in a public school “may display a flag or other insignia, relating to or representing sexual orientation or gender identity in a classroom or on the property of a public K-12 school.” 

Rep. Barbara Drummond, D-Mobile, asked who was going to police it. Butler said there were no penalties built in and that the school would.

“I think we all know what we’re getting at is some schools that are displaying the pride flag, some of the educators,” he said.

House Minority Leader Anthony Daniels, D-Huntsville, asked about the moms that Butler said brought him the bill, and no moms had approached him about a flag. Daniels asked if Butler had any other context on the flag, which Butler said he did not.

Daniels said the Legislature needs to stop addressing isolated incidents when there’s a local school board.

“Just today, when I was in Rep. Gidley’s office, we had a lady sharing with us about her grandson that was literally indoctrinated and became a girl, that he’s identifying as a girl and she felt like it was the teacher that did it and that was just today,” said Butler.

“Man, give me a break,” said Daniels. “We’ll talk offline because what I want to say here, there are too many cameras in here for me to say what I want to say, so we’ll talk offline.”

The amendment was adopted on a voice vote.

Gidley proposed a second amendment that would extend the “Don’t Say Gay” bill to Space Camp in northern Alabama, by including the Alabama Space Science Exhibit Commission in the bill. Members of Alabama’s congressional delegation targeted a transgender individual for being employed there.

Rep. Terri Collins, R-Decatur, the chair of the committee, said that she had concerns about the amendment as it would be calling out one institution.

“When we have camps and things all over, I will say that,” she said.

Drummond echoed Collins’ concerns and asked when it would stop.

“Will we just patchwork and keep doing it over and over again– and I’m using your word from the last public hearing– until you purify the state of Alabama?” she said. “This bill is going to run people away rather than bring people to Alabama and I just don’t understand why you are picking on this one organization. Are you going to take a scope and go throughout the state of Alabama and any of these organizations anywhere that you may see somebody who may gender identity you will then come back and say, ‘Okay, we need to pass another bill?’”

Butler said he hoped this bill would send the message that instructors should not teach sexual orientation and gender identity.

“But what does that person, you talked about the person turning the child into being a girl I believe it was,” said Drummond. “What if that is who she is and mentally that’s who she is? What is she to do? Is she to cease from existing?”

“Absolutely not, we’re to –” said Butler.

“Well then, I mean, what kind of message are we sending here?” she said.

Butler said he thinks they have been sending the wrong message. He said that transgender identity used to be perceived as a “mental disorder.”

Transgender medical care is individualized to each patient. While it used to be treated as a pathology, care is now provided on a spectrum, which may or may not include surgery or medicine. Gender dysphoria can cause distress, such as depression or anxiety, in individuals.

Daniels returned to the question of consequences for the bill, which Butler said there were none.

Butler said that he is not sure they stop anything, and people still rob banks. Daniels said that a caught bank robber has consequences.

Daniels asked why they were targeting only public schools and not all schools.

“I will accept that amendment, that’s a friendly amendment,” said Butler.

Daniels said that he is not offering the amendment.

Butler said that he has not heard any parent who wants this instruction and compared it to a teacher “teaching whatever religion.”

“People would have a come apart,” he said.

Daniels again asked about expanding it to all schools, and Butler repeated that he would accept the amendment.

“I don’t like the bill, period,” Daniels said.

Butler said he would look into that if it made it to the floor.

“I just want us to start thinking about ways to solve problems instead of creating additional divisions and isolating groups that are not as in the appearance of being as strong as others,” Daniels said. “It’s almost like bullying, to be honest with you. We’re bullying a certain class or group of people because they don’t have the representation to fight back.”

Both bills move to the full House of Representatives.

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