Don't Say Gay bill

Nicknamed the "Don't Say Gay" bill or the "Don't Say Gay or Trans" bill, the bill currently named Parental Rights in Education by its sponsors is proposed anti-LGBTQIA+ legislation currently moving through the Florida Legislature; it does not have finalized language due to this status. The Senate Appropriations Committee will consider the current version (CS/CS/HB 1557, Engrossed 1) in a session scheduled from 10:30 AM to 6:00 PM on February 28, 2022.

Senator Dennis Baxley is the original sponsor who introduced the bill, while Representative Joe Harding  is the sponsor in the House of Representatives. Due to how the bill has progressed in that chamber, Harding has had more opportunity to amend the bill and comment on it publicly.

"We call it the "Don't Say Gay" bill because it prohibits classroom instruction on sexual orientation and gender identity. But members, this bill goes way beyond the text on the page. It sends a terrible message to our youth that there is something so wrong, so inappropriate, so dangerous about this topic that we have to censor it from classroom instruction."

Overview
In the amended version approved by the Florida House of Representatives on February 24, 2022, the bill sections are the following: The Department of Education would have one year to review and update standards and policies for school counselors, educators, and other student services personnel in accordance with this bill. If passed and signed, the effective date will be July 1, 2022.
 * 1) School districts must have procedures to notify parents of changes regarding their child's "mental, emotional, or physical health or well-being", which is not defined, and any services they are receiving at school. Personnel will be required to encourage children to discuss their own well-being with their parents or to help the student have that discussion. Children's health and education records may not be kept confidential from their parents.
 * 2) School districts must not have student support forms that prohibit personnel from notifying parents about changes regarding the topics in section 1; these are again not defined. The school district may decide to withhold information "if a reasonably prudent person" would be concerned that the child could be abused, abandoned, or neglected as a result of the disclosure.
 * 3) Literally reads: "Classroom instruction by school personnel or third parties on sexual orientation or gender 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." (The bill does not define what is considered classroom instruction, what is age-appropriate or developmentally appropriate before or after third grade, and does not specify the applicable state standards.
 * 4) School support services must adhere to Department of Education requirements.
 * 5) Schools must notify parents at the beginning of every school year about each healthcare service available at the school so parents can decide if they will withhold consent or decline those services for their child.
 * 6) Schools must provide copies of student well-being questionnaires or health screening forms for parental permission before administering them.
 * 7) After a parent notifies a school district about their concerns regarding these topics, the school district will have 7 days to notify the school's principal (or someone they designate) of the concerns and the process for resolving them. "At a minimum", if the parent's concerns are not resolved within 30 days of notification, the school district must either resolve it or provide a statement of the reason why it is unresolved. If the concern is still not resolved, a parent may:
 * 8) Ask the Commissioner of Education to initiate a legal investigation by a special magistrate. Any associated fees will be charged to the school district.
 * 9) Sue the school district and potentially be awarded damages, attorney fees, and court costs.

Section 3 has received the heaviest criticism. In the original filings, it read:
 * "A school district may not encourage classroom discussion about sexual orientation or gender identity in primary grade levels or in a manner that is not age-appropriate or developmentally appropriate for students."

Compare with the engrossed version, emphasis added for changed text:
 * "Classroom instruction by school personnel or third parties on sexual orientation or gender 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 ."

Actions by the bill sponsors
Senator Dennis Baxley, who introduced this bill (SB 1834) and is its sponsor in the Senate, has a history of sponsoring and supporting anti-LGBTQ+ legislation while opposing legislation that promotes LGBTQIA+ rights.

As a member of the House of Representatives in 2015, Baxley apologized and changed his vote after initially supporting an adoption bill that included an official repeal of a ban on adoption by same-sex couples; his prior vote was a "mistake" and changed it to oppose. He claimed on a talk show, "I don't want to discriminate on somebody. I'm not phobic, but I simply can't affirm homosexuality." He further said that what he originally saw as a great adoption bill "had really become the gay bill, and at that point it was an affirmation of homosexuality for which many of us under our biblical teachings simply can't be there." Baxley supported the 2016 "Pastor Protection Act" allowing religious organizations to refuse involvement in weddings that violate their religious beliefs and argued, "There is a persecuted class here. There is a discrimination. There is a war, a battle, an assault going on, on the traditional family. [&hellip;] If there's anybody under assault and discrimination, I'll tell you who it is: It's anyone who holds a biblical world view. We're called haters."

In the 2020 legislative session, Senator Baxley sponsored the failed SB 1864: Vulnerable Child Protection Act that would have criminalized health care providers who provide gender affirming services to minors. In 2021, he opposed a bill that would have banned the use of the "panic defense" to justify a defendant's assault of someone else based on "panic" over their perceived gay or transgender status. In his opposition, Baxley said, "It's pretty much a position that, you know, if you're the transgender or gay person, then you have special protections and rights, and if you don't, you're not. I'm just for equal rights for everybody, you know, liberty and justice for all — and not special groups get special treatments." On the 2021 Transgender Day of Visibility, Baxley argued in favor of the bill that became the "Fairness in Women's Sports Act" to ban transgender girls and women from playing sports in alignment with their gender identity. In support of the bill, he said, "You can't make the facts move for someone. I can stand out here in the garage all day, convinced that I am an automobile. But, it doesn't make me an automobile. At the end of the day, it gives me a very confused life."

Representative Joe Harding, who is sponsoring the House of Representatives version of this bill (HB 1557), was previously a co-sponsor of the anti-trans "Fairness in Women's Sports Act". He also co-sponsored the Parents' Bill of Rights, which drew objections and concerns from LGBTQIA+ advocates that it could potentially require schools to break student/counselor confidentiality and "out" children to their parents. Lakey Love of the Florida Coalition for Trans Liberation said of that bill: "This is a direct attack on transgender and gender-nonconforming Floridians, and the LGBTQ youth in particular."

The DeSantis administration
During Pride month, Governor Ron DeSantis signed the anti-trans sports act on June 1, 2021, followed by a June 2 veto of $900,000 from the 2021 state budget that would have supported LGBTQIA+ people. Prior to his veto, $150,000 would have been allocated to the LGBT+ Center Orlando's Orlando United Assistance Center to provide counseling and case management services for survivors and immediate family members of the 49 victims murdered in the Pulse tragedy. A federal lawsuit has been filed against the anti-trans sports act, citing violations of privacy and Title IX. Under the act, trans men and boys may choose to play on men's or women's sports teams.

An anti-bullying portal on Florida's Department of Education (DOE) website was created under the 2018 Marjory Stoneman Douglas High School Public Safety Act. Among other topics, the portal included a page addressing the bullying of LGBTQIA+ youth. However, the DOE removed the portal in December 2021 after a right-leaning online publication sparked a content review. Florida Agriculture Commissioner Nikki Fried subsequently announced that LGBTQIA+ resources would be hosted on the Florida Department of Agriculture and Consumer Services website.

Ongoing litigation
A staff analysis of HB 1557 cited ongoing litigation in Leon County alleging that the school district withheld information from parents about their child's (social) gender transition at school in violation of the Parents' Bill of Rights, which was not in effect at the time of the alleged incidents. The mother, January Littlejohn, emailed a math teacher in August 2020; emails with the teacher are in the public record due to state laws. She said that the parents had found a counselor to address their child's gender identity. The child had been experiencing gender dysphoria since spring 2020 and had since asked to use they/them pronouns and another name. Littlejohn expressed in emails that the teacher could determine what was best and that she would let her child take the lead. However, the parents subsequently alleged that they did not give consent for the school to become involved; school officials maintain that a parent gave permission. The parents want the Leon County School District to change its LGBTQ guide and support forms and pay damages to them. The lawsuit was filed by The Child & Parental Rights Campaign, which "was founded to respond to a radical new ideology overtaking families and threatening the well-being of children and the fundamental right of parents", in October 2021.

The Child & Parental Rights Campaign also filed a federal lawsuit on January 24, 2022, on behalf of Wendell and Maria Perez against Clay County District Schools. The Perezes alleged that school officials concealed from them and did not ask for their consent before providing counseling to their 12-year-old child to address gender dysphoria. Allegedly, they were not told until after the child made the first of two suicide attempts at the school, an elementary school, that their child had been receiving counseling for a few months. The parents claimed in the media that the reason given by the school counselor for withholding information was "that they knew we as parents would not be in agreement because of our Catholic Christian beliefs". They alleged that the counselor told them their child had not wanted their involvement, knowing that they would not accept their child's name and pronoun changes due to their religious beliefs. The Perezes claimed that the counselor "groomed" their child to be another gender and that school officials and the counselor "precipitated a pattern of bullying" in referring to their child with male pronouns and a "fictitious" male name in front of other students. The child received in-patient treatment from a behavioral health unit following the suicide attempts.

Clay County District Schools gave a statement to First Coast News that they had not been served with any legal process and cannot comment on any pleadings filed. It also stated: "The district has performed a thorough and complete investigation into this matter as it was presented to us and has determined that the allegations made by this out-of-state organization are completely false, fabricated, and appear to be intended solely for the purpose of inciting the public." First Coast News linked the focus of the lawsuit with the focus of HB 1557.

Bill history
In the Florida Senate, SB 1834 was filed on January 7, 2022 by sponsor Senator Dennis Baxley. The identical HB 1557 was filed in the Florida House of Representatives on January 11, 2022 by Representative Joe Harding. It has the following co-sponsors: David Borrero, Chris Latvala , Randall Scott "Randy" Maggard , and John Synder.

February 8, Senate
During its hearing in the Senate Education Committee on February 8, Sen. Baxley argued that teachers are engaging in "social engineering" and attempting to "move agendas" rather than teaching basic skills. According to him, "I think when you start opening sexual type discussions with children, you're entering a very dangerous zone." One example given of what would violate the Senate bill was a hypothetical math problem that included two moms or two dads; Baxley called that example "exactly where the problem is". The bill was found favorable by the committee 6-3 on party lines.

February 17, House of Representatives
On February 17, the House Judiciary Committee approved a committee substitute 13-7 along party lines. During the hearing, Representative Harding argued that his bill was necessary because classrooms should focus on reading, math, and "the basics". He objected to the "Don't Say Gay" nicknaming of the bill because his bill does not specifically ban saying the word. Various proponents of the bill made anti-LGBTQ+ comments as reasons for supporting the bill. Rep. Mike Beltran argued that "these sorts of things" are not appropriate to discuss at school in third grade or younger but may be appropriate at home "if you're a same-sex household or your child may be LGBT or something like that". He specifically refused to believe that any children in third grade or younger has ever died by suicide or might do so if they had not learned about "these sorts of things". Rep. Scott Plakon argued on the subject of "a movement" supporting LGBTQIA+ people, "Is it ridiculous that parents would be concerned about this movement targeting their children? I don't think that's a ridiculous concern. And I don't think anybody could agree that parents shouldn't have the right to be concerned about that."

Representative Mike Grieco, speaking in debate to oppose the bill, responded to the anti-LGBTQ+ remarks, "I am very concerned based upon some of the folks that I've heard from today, that there are certain areas in Florida that think that it is never age-appropriate to talk about gender identity or sexual orientation, regardless as to what arbitrary definition you place on those two terms." Rep. Fentrice Driskell noted, "Whatever you intended this bill to be, it is not that anymore. It's very clear that the proponents of this bill believe in anti-gay rhetoric. It's suppressive. I'm concerned even with the plain text of the bill; it has problems. We couldn't get a straight answer — pun intended — on the definition of sexual orientation." After that hearing, Harding submitted, then withdrew from consideration, an amendment that would have required schools to inform parents within six weeks if a child has come out to school personnel, regardless of any concerns about abuse, abandonment, or neglect. He denied that his amendment would have required outing students to their parents. He also claimed that the bill does not target any specific gender or sexual orientation.

February 24, House of Representatives
"If it talks like a duck and walks like a duck, then it's a duck. That means you are homophobic, and you are transphobic [if you vote yes]. You deal with that how you may."

On February 24, the bill had its third reading in the full House of Representatives. During debate on the bill, student pages (who are in middle school) were removed from the chamber. The absence of the student pages was criticized by Representative Grieco, who further noted that the bill does not limit the ban on discussing LGBTQIA+ people to kindergarten through third grade; school districts or parents could deem topics related to the community age-inappropriate at any time. He characterized members claiming that the bill has age limitations "either mistaken or they're flat out lying". Rep. Carlos Guillermo Smith, who is the first gay Latinx elected official in Florida's legislature, wore his Pride pin upside down to indicate his community is in distress.

Anti-LGBTQ+ arguments were again made by bill supporters. Representative Juan Alfonso Fernandez-Barquin claimed that young children are "being taught the radical leftist gender theory" and that parents know what is best. Rep. Erin Grall equated school support forms regarding gender non-conforming students to hypothetical forms about "transitioning a child from one religion to another".

The House of Representatives voted 69-47 to pass the bill, with votes largely falling on party lines. It was supported by one Democratic representative, James Bush III, and opposed by the following seven Republicans:
 * Vance Aloupis, Jr., after previously supporting in the Education & Employment Committee
 * Demi Busatta Cabrera, after previously supporting in the Judiciary Committee
 * Chip LaMarca, after previously supporting in the Education & Employment Committee
 * Amber Mariano, after previously supporting in the Education & Employment Committee
 * James Vernon "Jim" Mooney, Jr.
 * Rene "Coach P" Plasencia
 * William Cloud "Will" Robinson, Jr.

The bill was then sent to the Senate Appropriations Committee. The committee is made up of seven Democratic and thirteen Republican senators, one of which is Senator Baxley.

Supporters
At committee hearings, individuals representing themselves or representing organizations have waived in support or provided public testimony as proponents. As of February 26, 2022, the supporters have been:

Opponents
"I walk into a building every day where I am told that I do not matter. I can not only surmise that it's because you don't care&mdash;that gay folks, and LGBT folks and trans folks don't matter. So I'm here to tell the LGBTQ babies who are watching: You matter. I see you. You are loved. You are perfect just the way you are. I know you are getting told right now in this room that you are less than. But God made you beautiful and special just the way you are. If you are trans, how you show&mdash;I'm speaking to that aide that comes into this Capitol every day and that has to fight, and is one of the most beautiful people I've ever seen and known: You are special. You are seen. And you are appreciated. To the other folks that work here in this Capitol and have to endure listening to this legislation: You are seen. You are worthy, and you are beautiful. And I'm speaking to my wife, who's standing right there&mdash;who's sitting right there, rather: You are seen. You are loved. And you are beautiful."

Among others, the bill is strongly opposed within the legislature by the three openly gay legislators:
 * Rep. Carlos Guillermo Smith, Florida's first elected LGBTQ+ Latinx state legislator, Democratic Ranking Member of the State Affairs Committee and the Professions & Public Health Subcommittee
 * Rep. Michele Rayner, Florida's first openly gay Black woman elected as a state legislator and first openly gay woman of color elected as a state legislator
 * Sen. Shevrin "Shev" Jones, Florida's first elected openly gay Senator and formerly a Representative who publicly came out while in office in 2018, Vice Chair of the Education Committee

"This is an anti-gay bill, and if you vote for this anti-gay bill, after today you can never, ever claim to be an ally of the LGBTQ community. In fact, you are voting to be an opponent. I'm gonna vote down on this bill, and I'm going to say gay until I'm rainbow in the face."

- Representative Mike Grieco

LGBTQIA+ allies among the legislature who have strongly opposed the bill include but are not limited to:
 * Rep. Fentrice Driskell, Democratic Ranking Member of the Judiciary Committee
 * Rep. Mike Grieco, Democratic Ranking Member of the Criminal Justice & Public Safety Subcommittee

"Every single one of you have a sexual orientation. Every single one of you have a gender identity. To prohibit discussions of sexual orientation and gender identity is to exclude what it is to be human."

At committee hearings, individuals representing themselves or representing organizations have waived in opposition or provided public testimony as opponents. The opponents have been: