Alabama House expands 'don't say gay' bill

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The Alabama House on Tuesday passed a bill restricting conversations of gender identity and sexual orientation for grades K-8 in the state. The bill would also prohibit teachers from displaying flags or other images relating to the same subjects in classrooms.

Passed by a vote of 74-25, the bill expands upon the "don't say gay" law passed in 2022, similar to that of Florida's legislation of the same nickname, which prohibits teachers from speaking about gender identity and sexual orientation in grade K-5 classrooms.

Authored by Rep. Mack Butler, R-Rainbow City, the original language restricted the topic from being restricted up to grade 12, but a friendly amendment by Rep. Barbara Drummond, D-Mobile, moved it down to grade 8. This was recommended by the state Department of Education.

"I'm trying to put lipstick on something that I think is going to be scarring our kids," Drummond said on the floor, saying she was not in favor of the bill.

Marchers carry a giant rainbow flag up the steps of the Alabama Capital Building during the Montgomery Pride March and Rally in downtown Montgomery, Ala., on Saturday June 29 , 2019.
Marchers carry a giant rainbow flag up the steps of the Alabama Capital Building during the Montgomery Pride March and Rally in downtown Montgomery, Ala., on Saturday June 29 , 2019.

"I have worked with (LGBTQ)-plus children and their families, and they have shared stories of the bullying and ostracizing that they have experienced from their peers," said Rep. Marilyn Lands, D-Huntsville. "All of you know people that have been personally affected by this kind of cruelty. God made us as we are, and God doesn't make mistakes.

"To me Christianity is very simple. We are called to love our neighbors. That means all our neighbors, not just those who look like us or live in our neighborhoods."

In 2022, Ed Nichols, superintendent of Madison City Schools, banned the displaying of all "political" flags, including pride flags.

"If I'm a kid and I have that question, who's going to educate me," she said to Butler, saying that some students may not be comfortable going to a parent or counselor on the matter, but would be talking to a teacher.

Butler said the bill will not deter teachers from talking to an individual about matters of gender identity or sexual orientation if asked, and that it only prevents them from teaching the topics to a class or creating assignments about them. However, Rep. Rolanda Hollis, D-Birmingham argued that there's nothing in the bill that protects teachers when answering questions asked by students.

There's no official penalty written in the legislation when an educator violates any of these rules. Butler said it will be up to the state DOE to enforce the restrictions.

Multiple Democrats also argued that expanding the existing restrictions up to grade 8 would risk an increase in suicide in youth. According to The Trevor Project, minors who identify as LGBTQ+ are four times more likely to attempt suicide.

Rep. Juandalynn Givan during debate on transgender bills during the legislative session in the house chamber at the Alabama Statehouse in Montgomery, Ala., on Thursday April 7, 2022.
Rep. Juandalynn Givan during debate on transgender bills during the legislative session in the house chamber at the Alabama Statehouse in Montgomery, Ala., on Thursday April 7, 2022.

"Gay people are not going anywhere, they are here to stay," said Rep. Juandalynn Givan. "I'm not here to regulate morality. That's not my job as a legislator. But my question to the corporate community is not even. Where are you when it comes to the corporate community? Where are you when it comes to LGBTQ rights? Where are you when it comes to Black Lives Matters, right? All of those issues that come play in impact everyday consumers."

Rep. Phillip Ensler, D-Montgomery, said students will see the bill passing as "the legislator is anti-gay or anti-LGBTQ," and that while he taught history in Montgomery LGBTQ+ topics came up when discussing current events. He said that the bill may prohibit history teachers from talking about certain situations regarding their subject.

Butler responded by saying the first schools began in the church, and that "the very first textbook was the Holy Bible."

Givan and Rep. Napoleon Bracy, D-Saraland, also said that the bills' language made it seem that it was banning rainbows in classrooms. Bracy said rainbows can simply just be used to teach colors, while Givan referenced the Rainbow PUSH Coalition, an organization founded by Jesse Jackson that uses a rainbow as its logo.

"Do you realize you're dealing with LGBTQ community who is known for kind of artistic ability in the creativity and that they will just come up with another one," said Rep. Neil Rafferty, D-Birmingham, saying the bill intention is to discriminate against the rainbow pride flag.

"I've heard a lot of folks say that we need to protect our children. Correct. ... I don't think anybody in this body thinks that we shouldn't be protecting children," he said, asking Butler to specify what he meant by "indoctrinating children."

The bill will now go to the Senate.

Victor Hagan is the Alabama Election Reporting Fellow for the USA TODAY Network. He can be reached at vhagan@gannett.com or on X @TheVictorHagan. To support his work, subscribe to the Advertiser.

This article originally appeared on Montgomery Advertiser: Alabama House expands 'don't say gay' bill