Florida’s ‘Don’t Say Gay’ Bill Advances in the House

Florida’s “Don’t Say Gay” bill has been set for a final vote in the House on Thursday, after GOP lawmakers refused a series of Democratic amendments on Tuesday. The bill intends to forbid discussions of sexual orientation and gender identity in schools, rejecting criticism from Democrats who have said that the bill demonizes those in the LGBTQ+ community.

Alongside intense national scrutiny, the bill has served as one of the latest battlegrounds between the White House and Governor Rob DeSantis, who is running for reelection and a potential candidate for the 2024 presidential election.

The bill states that instruction by school personnel or third parties on sexual identity may not occur in kindergarten through grade 3, or in a manner that is not age appropriate or developmentally appropriate for students in accordance with state standards. Parents can sue a district for violations.

Photo from Naples Pride protest against HB 1557 and SB 1834 on January 26, 2022, in Naples, FL.

The bill withdrew an amendment on Tuesday which required school principals to disclose a child’s sexual orientation to parents within six weeks if they find out a student has come out other than straight. In a statement, the state representative, Joe Harding, explained that “the exaggeration and misrepresentation in reporting about the amendment was a distraction; all the amendment did was create procedures around how, when, and how long information was withheld from parents so that there was a clear process and kids knew what to expect.”

Opponents argue that schools may be the only safe place for some kids to talk about their sexuality, and the bill will hurt kids who are not ready to come out to their parents or feel unsupported. If passed with the rest of the bill, the amendment would have allowed students to sue the Florida Department of Education for damages and attorney fees for causing “irreparable harm” by revealing their sexual orientation.

Whatever the intentions of this bill were, it is vital to understand the freedom of choice and expression that is crucial to this nation’s ethos. Residents of Florida and countless other states in the U.S. that are now considering laws that could harm the LGBTQ+ community must actively take a stance and speak out for what they believe in.

This blog post is part of the CIMA Law Group Blog. If you are in need of legal help, the CIMA Law Group is a law firm in Phoenix, Arizona which specializes in Immigration Law, Criminal Defense, Personal Injury, and Government Relations.

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