Florida teachers can discuss sexual orientation and gender ID under 'Don't Say Gay' bill settlement

Under the terms of the settlement, the Florida Board of Education will send instructions to every school district saying the Florida law doesn’t prohibit discussing LGBTQ+ people nor prevent anti-bullying rules on the basis of sexual orientation and gender identity or disallow Gay-Straight Alliance groups. The settlement also spells out that the law is neutral — meaning what applies to LGBTQ+ people also applies to heterosexual people — and that it doesn’t apply to library books not being used for instruction in the classroom.

The law also doesn’t apply to books with incidental references to LGBTQ+ characters or same-sex couples, “as they are not instruction on sexual orientation or gender identity any more than a math problem asking students to add bushels of apples is instruction on apple farming,” according to the settlement.

“What this settlement does, is, it re-establishes the fundamental principal, that I hope all Americans agree with, which is every kid in this country is entitled to an education at a public school where they feel safe, their dignity is respected and where their families and parents are welcomed,” Roberta Kaplan, the lead attorney for the plaintiffs, said in an interview. “This shouldn’t be a controversial thing.”

In a statement, Florida Gov. Ron DeSantis’s office described the deal as a “major win” with the law formally known as the Parental Rights in Education Act remaining intact.

“We fought hard to ensure this law couldn’t be maligned in court, as it was in the public arena by the media and large corporate actors,” said Ryan Newman, an attorney for the state of Florida. “We are victorious, and Florida’s classrooms will remain a safe place under the Parental Rights in Education Act.”

The Republican governor has championed the law since before its passage in 2022 by the GOP-controlled Florida Legislature. It barred instruction on sexual orientation and gender identity in kindergarten through the third grade, and it was expanded to all grades last year.

Republican lawmakers had argued that parents should broach these subjects with children and that the law protected children from being taught about inappropriate material.

However, opponents of the law said it created a chilling effect in classrooms. Some teachers said they were unsure if they could mention or display a photo of their same-sex partner in the classroom. In some cases, books dealing with LGBTQ+ topics were removed from classrooms, and lines mentioning sexual orientation were excised from school musicals. The Miami-Dade County School Board in 2022 decided not to adopt a resolution recognizing LGBTQ History Month, even though it had done so a year earlier.

The law also triggered the ongoing legal battles between DeSantis and Disney over control of the governing district for Walt Disney World in central Florida after DeSantis took control of the government, which the company described as retaliation for its opposition to the legislation. DeSantis touted the fight with Disney during his run for the 2024 GOP presidential nomination, which he ended earlier this year.

The civil rights attorneys sued Florida education officials on behalf of teachers, students and parents, claiming the law was unconstitutional, but the case was dismissed last year by a federal judge in Tallahassee who said they lacked standing to sue. The case was appealed to the Eleventh Circuit Court of Appeals.

Kaplan said they believed the appellate court would have reversed the lower court’s decision, but continuing the lawsuit would have delayed any resolution for several more years.

“The last thing we wanted for the kids in Florida was more delay,” Kaplan said.