The state of Florida settled a lawsuit that would clarify Gov. Ron DeSantis' "Don't Say Gay" bill, particularly the reach of the legislation.
That settlement was reached on Monday by critics of the measure and the latest development marks a victory for both sides. It also resolves a two-year-old federal lawsuit that argued the legislation was an unlawful attempt to "stigmatize, silence, and erase LGBTQ people" in the state's public schools.
Florida Settles 'Don't Say Gay" Bill Lawsuit
Under the latest agreement, Florida needs to clarify the scope of the school to schools across the state. This would ensure, among other things, that it does not prohibit references to LGBTQ+ persons, couples, families, or issues in literature or classroom discussions.
Officials who support DeSantis' efforts touted the agreement as a "major win" against activists and extremists who they said fought the "Parental Rights Education" law. The latter will remain in place now that both parties have agreed to dismiss the lawsuit.
The law prohibits teachers from leading classroom lessons and talk about gender identity or sexual orientation for students who are in kindergarten through third grade. It also bans such lesions for older students unless they are considered "age-appropriate or developmentally appropriate," according to Politico.
Florida Gov. Ron DeSantis' administration on Monday touted the policies as "efforts to keep radical gender and sexual ideology out of the classrooms of public-school children." In a statement, the general counsel for the DeSantis administration, Ryan Newman, said that they have been fighting hard to ensure that the measure could not be maligned in court.
Following the settlement, Newman said that there have been victories in their efforts and noted that Florida's classrooms will remain a safe place under the Parental Rights in Education Act. The 2022 lawsuit argued that the state's parental rights law violates the First and 14th Amendments of the Constitution.
While the lawsuit was initially dismissed, the group filed an agreement on Monday with the U.S. Court of Appeals for the 11th Circuit. The group said that the deal ensures that the law will be applied neutrally and will not become a license to discriminate against or erase LGBTQ+ families.
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Clarifying the Law's Language
The lead lawyer in the lawsuit, Roberta Kaplan, said that the legal settlement provides "much-needed clarity" and marks a major victory for the many thousands of LGBTQ+ students, teachers, parents, and their allies throughout the state, said BBC.
Critics of the Parental Rights in Education Act have dubbed it the Don't Say Gay bill as it banned classroom discussion and instruction regarding gender identity and sexual orientation. This prohibition was later expanded to include all grades through high school.
The settlement addressed concerns among students who thought that they could not create art that depicted same-sex parents, among teachers who thought that they could display an image of a same-sex partner, and among schools that thought they could no longer allow gay-themed books or student organizations that support gay students.
The agreement made it clear that the state's law did not restrict "literary references to a gay or transgender person or to a same-sex couple" in public school classrooms. It also says that LGBTQ references are not prohibited in literature, classroom discussions, and students' academic work or its review, according to the New York Times.
