Florida students allowed to talk about sexual orientation, gender identity after 'don't say gay' settlement

Discussions on sexual orientation and gender identity will now be allowed in Florida classrooms. The development is seen as a move to clarify the constraints imposed by the state’s controversial “don’t say gay” law. The law prohibited instruction on these topics throughout public education, sparking widespread debate and inspiring similar legislative efforts across various Republican-led states.

The agreement, finalized on Monday, delineates the boundaries of conversation and activity related to LGBTQ+ topics in educational settings, the Associated Press reports.

The settlement detailed permissible discussions on sexual orientation and gender identity within Florida’s classrooms, following a law passed two years ago that limited instruction on these subjects. Critics of the law argued it led to uncertainty among educators about whether openly identifying as LGBTQ+ or displaying related symbols, such as rainbow stickers, in educational settings breached the legislation.

As part of the settlement, instructions will be issued by the Florida Board of Education to all school districts, emphasizing that the law does not forbid conversations about LGBTQ+ individuals, nor does it block the implementation of anti-bullying initiatives based on sexual orientation and gender identity. Additionally, it does not prohibit the formation of Gay-Straight Alliance groups. The agreement also clarifies that the legislation applies equally to both LGBTQ+ and heterosexual individuals and does not extend to library materials not used directly in classroom instruction. Conversations around sexual orientation and gender identity are permitted so long as they are not part of instruction, the settlement states.

According to the AP, Florida Gov. Ron DeSantis’s office has embraced the settlement as a triumph, asserting that the law’s core remains unchanged while anticipating a swift dismissal of an ongoing court case challenging the law. The legislation, officially named the Parental Rights in Education Act, has been a significant aspect of DeSantis’s political and anti-LGBTQ+, agenda. DeSantis has said the law champions parental control over educational content and shields children from material deemed inappropriate by some — the material tends to be anything to do with queer people or on themes about race.

The law’s enactment had led to a chilling effect within educational circles, with reports of book removals, amendments to school productions, and a general fear of engaging with or displaying LGBTQ-related content.

Equality Florida executive director Nadine Smith praised the "legal triumph" and touted it as a reminder of the power of working collective action.

“This settlement not only reaffirms the rights of LGBTQ+ students and educators to live and speak openly but also marks a significant step towards rectifying the damage inflicted by the 'Don't Say Gay or Trans’ law. It's a testament to what we can achieve when we stand united against discrimination and for the dignity of all LGBTQ+ people in Florida," Smith said in a statement.

"This victory is more than a legal triumph; it's a beacon of hope and a reminder of the power of collective action. It demonstrates our ongoing commitment to a Florida where everyone, regardless of their sexual orientation or gender identity, can live authentically and without fear," she continued.

Human Rights Campaign national press secretary Brandon Wolf celebrated the settlement in remarks to The Advocate.

"“This is more evidence: the tide is turning on the anti-LGBTQ+ agenda. In state legislatures and courtrooms in Florida and beyond, discriminatory policies are starting to collapse," Wolf said. "The DeSantis administration was forced to acknowledge that their vague, broad law was having sweeping consequences. And this settlement makes clear that every student deserves a safe, welcoming school environment where their families are treated with the respect that they deserve – and that what applies to LGBTQ+ people must apply to others equally. Thank you to the legal team and courageous plaintiffs for challenging this discriminatory law.”

The settlement is another victory for Roberta Kaplan, an out lesbian and the lead attorney for the plaintiffs, who has been instrumental in achieving significant victories for the LGBTQ+ community.

“What this settlement does is it re-establishes the fundamental principle that I hope all Americans agree with, which is every kid in this country is entitled to an education at a public school where they feel safe, their dignity is respected, and where their families and parents are welcomed,” Kaplan said. “This shouldn’t be a controversial thing.”

Editor's note: This story was updated to include remarks from Equality Florida and the Human Rights Campaign.