Settlement over Florida law will allow discussion of LGBTQ+ topics

A lawsuit settlement over Florida’s “don’t say gay” statute announced Monday restores the ability for teachers and students to discuss LGBTQ issues, largely canceling many of the impacts of the signature legislation from Florida Gov. Ron DeSantis (R).

“Florida has already endured nearly two years of book banning, educators leaving the profession, and safe space stickers being ripped off of classroom windows in the wake of this law cynically targeting the LGBTQ+ community,” Equality Florida Executive Director Nadine Smith said in a statement. “This settlement is a giant step toward repairing the immense damage these laws and the dangerous political rhetoric has inflicted on our families, our schools, and our state.”

The settlement comes two years after parents and LGBTQ groups sued over the Parental Rights in Education Law in April 2022.

The DeSantis administration described the settlement as “a major win,” because it leaves the law — which prohibits instruction on sexual ideology in public school classrooms — in place.

“Thanks to the leadership of Governor DeSantis, the law remains in effect, and children will be protected from radical gender and sexual ideology in the classroom,” DeSantis’s press office said in an email statement.

Under the terms of the settlement, the state must clarify that the law “restricts only classroom instruction on particular subjects — ‘sexual orientation’ and ‘gender identity,” but does not restrict “the mere discussion of them.”

The state Board of Education is now required to send instructions detailing the settlement requirements to all of Florida’s 67 school districts.

Critics of the law said it was vaguely written, which led to most school districts in the state interpreting it to mean that discussion and symbols of LGBTQ subjects — such as rainbow flags — were forbidden. Teachers were advised to remove photos of family members if they reflected a same-sex relationship, and student groups such as gay-straight alliances were canceled. At least one school district dropped its anti-bullying lessons because some of the scenarios involved gay students.

Monday’s agreement removes such restrictions.

DeSantis championed the law as his way of “standing up for parents.” He decried what he called “woke indoctrination” in schools, and said the state had a responsibility to protect children from having “woke gender ideology injected into the curriculum.”

“That is inappropriate, that’s not what we want in our school system,” DeSantis said after signing the law.

Educators in the state said classes on gender ideology were not being taught in elementary schools, but supporters of the law said books depicting LGBTQ relationships were part of the indoctrination DeSantis wanted to eliminate.

Opposition to what was quickly dubbed the “Don’t Say Gay Law” came from President Biden, who called it “hateful,” and others, including the former CEO of the Walt Disney Company.

After Disney criticized the law and vowed to fight it, DeSantis instructed the legislature to look into dismantling Disney’s 50-year-old special taxing district. A law was passed doing just that, and while Disney sued, a court recently upheld the law. A board of DeSantis appointees is now running the district.

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