In a recent development, plaintiffs in a lawsuit challenging the constitutionality of Florida’s Parental Rights in Education law have found resolution in a settlement announced on Monday. The contentious legislation, often dubbed the “Don’t Say Gay” law by critics, has been a subject of intense debate since its enactment by Governor Ron DeSantis in March 2022.
The law, which initially prohibited classroom instruction on gender identity and sexual orientation in kindergarten through third grade, later expanded its restrictions to encompass high schools. Proponents of the law, including DeSantis, argued that its primary aim was to combat what they labeled as “gender ideology,” rather than to silence discussions about LGBTQ+ issues in schools. However, critics contended that the vague language of the law led to a chilling effect, prompting teachers to censor conversations about LGBTQ+ topics and remove related literature from classrooms.
The settlement, announced by lawyers representing the plaintiffs, aims to provide clarity on the interpretation of the law and alleviate concerns about its implementation. According to Roberta Kaplan, the lead lawyer for the plaintiffs, the settlement should quell overreactions in schools and represent a significant step forward.
In response, the Governor’s Office hailed the settlement as a victory against what it described as “activists and extremists” seeking to undermine the law. General Counsel Ryan Newman emphasized that the settlement reaffirms the law’s objectives and ensures that Florida’s classrooms remain a safe environment under the Parental Rights in Education Act.
As part of the agreement, the Florida Department of Education will issue a memorandum to all school districts clarifying key aspects of the law. Among the clarifications provided are:
The law does not prohibit references to LGBTQ+ people, families, or issues in classrooms, including literature, student discussions, and academic work.
It requires neutrality and prohibits classroom instruction on sexual orientation and gender identity of all types, without favoring any specific orientation.
The law applies to classroom instruction and does not extend to library books or extracurricular activities such as student clubs or performances.
It does not restrict nonschool personnel, such as parents or guest speakers, from discussing sexual orientation or gender identity on school premises.
The settlement marks a significant development in the ongoing debate surrounding the controversial law. Plaintiffs Amy Morrison and Cecile Houry, who brought the lawsuit, expressed satisfaction with the settlement, emphasizing its immediate impact on their children’s education. While acknowledging that the settlement may not change entrenched attitudes overnight, they emphasized the importance of having legal clarity and protections in place.