We shouldn’t sound victory bell for “Don’t Say Gay” settlement yet

Mariantonia Mejia | Staff Writer

Queer rights groups in Florida have begun to celebrate in response to the newest settlement of Florida’s highly criticized “Don’t Say Gay” bill. For others, it’s a spotlight on how far we have fallen.

In Apr. 2022, parents and LGBTQ+ groups sued in regards to the “Parental Rights in Education” Act. On Mar. 11, the lawsuit was settled. As a condition of the settlement, the state Board of Education is now obligated to send information on how to implement it to all 67 of Florida’s school districts. 

The bill was causing anxiety amongst LGBTQ+ students and teachers alike due to its vague wording. A majority of school districts understood it to mean that any and all discussion and/or display of queer content was banned in its entirety. 

One of the biggest changes is the state must now make it clear that the law only prohibits “classroom instruction” on gender identity and sexual orientation, rather than the originally thought “mere discussion” of them. 

Though this is a hopeful first step towards repairing the fractured relationship between educators, students and parents with the school district and the state of Florida as a whole, there is still much work to be done. 

The original bill emboldened other state legislators to create and pass anti-queer and trans laws, but the uptick in school hate crimes for states with laws targeting the LGBTQ+ community cannot be denied. 

Despite changes in the settlement, it still does not allow for any instruction on sexual orientation or gender identity, which may seem benign, but ignores the fact that queer and trans kids could benefit greatly from being taught their options young. 

Banning the teaching of these topics operates under the idea that presenting information to children is somehow the same as indoctrination- this is blatantly untrue. 

It’s important to note that the settlement claims that these restrictions will be applied in a neutral way. Meaning that this also applies to cisgender and heterosexual identities, but this remains to be seen.

Frustratingly though, parents are still able to sue if they disagree with gender identity or sexual orientation content being discussed with their children. 

Additionally, requiring the usage of gender-neutral pronouns, or any pronouns that do not align with a teacher or student’s sex assigned at birth, however, is not included within this law, as these rules are technically part of a separate bill. 

We have already seen this transphobic bill affect Florida educators, like a Florida Virtual Schools teacher who was fired for using “Mx.” rather than “Mr.” or “Ms.”. 

Moreover, trans students and educators are still forced to use bathrooms and gendered facilities that are inconsistent with their gender identities. 

At FIU, certain groups like the Young Democratic Socialists of America (YDSA) have fought against this by passing the Equal Restrooms Access Act (ERA) within SGA, which calls for the establishment of “at least two accessible, gender-neutral restrooms in every building on campus”. This denounces transphobic attacks and asks that the FIU administration works with SGA to condemn the DeSantis administration. 

The potential positives of this settlement, however, are a valid cause for excitement. 

Bringing some relief is the banning of books with queer content from school libraries, as was done in the Charlotte County School District, is no longer allowed. Along with this, anti-bullying initiatives that included discussion of LGBTQ+-related bullying are now able to resume. 

Teachers who earlier designated their classrooms as “safe spaces” with stickers and posters but were forced to take them down can now place these items back on their wall and educators in same-sex relationships are permitted to display pictures of their partner on their desks. 

Gay-straight alliances are also able to continue operating (a clarification that was much needed) as many had been canceled from association with their school, given that teachers who served as advisors feared punishment or firing. 

While victories like the settlement of this bill and the passing of the ERA absolutely should be celebrated, it is deeply depressing that we have gotten to the point where we view some of our rights being returned as a triumph. 

While LGBTQ+ rights were not exactly thriving in the early 2010s, many of us grew up in a world that was slowly but surely changing its attitudes and laws to create greater acceptance and safety for the queer community. 

In 2024, I am more scared, for myself and other queer folks, than ever. 

It seems as though we are moving backward, and while this settlement absolutely sparks hope for the future, it is a grave reminder that we have a very long fight ahead.

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