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FL students stage mass walkouts over ‘Don’t Say Gay’ Bill
FL students stage mass walkouts over ‘Don’t Say Gay’ BillPosted by metta on March 4, 2022 at 2:25 pm
FLORIDA STUDENTS STAGE MASS WALKOUTS OVER ‘DON’T SAY GAY’ BILL
MemberMarch 14, 2022 at 2:03 am
Sixty-five businesses sign ad in newspaper calling on Texas governor to abandon anti-LGBTQ+ initiatives
MemberApril 26, 2022 at 9:14 am
The words “gay” appears exactly ZERO in this entire bill. Educate The bill is to stop the gender radicals from grooming children. Why are you opposed to that???
MemberMarch 16, 2022 at 12:21 am
Newsom invites Disney to relocate employees to California from Florida
MemberMarch 31, 2022 at 6:03 pm
Florida Gov. Ron DeSantis sued by LGBTQ students, parents over new law
MemberApril 25, 2022 at 4:06 pm
Ron DeSantis Declares WAR On Disney
MemberApril 26, 2022 at 10:12 am
FLORIDA’S DON’T SAY GAY BILL CODE NAMED 1557: Parental Rights in Education
Parental Rights in Education;
Requires district school
boards to adopt procedures that comport with certain provisions of law
for notifying student’s parent of specified information;
procedures to reinforce fundamental right of parents to make decisions
regarding upbringing & control of their children;
district from adopting procedures or student support forms that prohibit
school district personnel from notifying parent about specified
information or that encourage student to withhold from parent such
prohibits school district personnel from discouraging or
prohibiting parental notification & involvement in critical
decisions affecting student’s mental, emotional, or physical well-being;
prohibits classroom discussion about sexual orientation or gender
identity in certain grade levels;
requires school districts to notify
parents of healthcare services; authorizes parent to bring action
against school district to obtain declaratory judgment;
additional award of injunctive relief, damages, & reasonable
attorney fees & court costs to certain parents.
YOU DON;T HAVE TO SPELL OUT GAY TO PROHIBIT THE USE OF THE WORD
MemberApril 26, 2022 at 11:14 am
Florida Parents file Lawsuit Against “Don’t Say Gay Bill”
In a complaint filed Thursday in Tallahassee federal court, students, parents, a teacher and advocacy group Equality Florida called the Republican-backed law, dubbed the “don’t say gay” bill by opponents, “offensive and unconstitutional” and asked the court to block its enforcement.
Their counsel includes well-known lawyer Roberta Kaplan, who mounted a successful challenge before the U.S. Supreme Court to part of the Defense of Marriage Act banning gay marriage in United States v. Windsor.
The bill was signed by DeSantis on Tuesday and is set to take effect in July. It bars classroom instruction on sexual orientation or gender identity for children in kindergarten through third grade, or from about ages 5-9, in public schools.
It also prohibits such teaching that “is not age appropriate or developmentally appropriate” for students in other grades. Parents will be allowed to sue school districts they believe to be in violation.
The plaintiffs in the lawsuit said the law runs afoul of students’ First Amendment right to receive information and ideas. They also said the law is unconstitutionally vague, failing to define what discussion is and is not allowed in schools, and that it will have the effect of discriminating against lesbian, gay, bisexual, transgender and queer (LGBTQ) students.
“Presented with vague prohibitions under the threat of litigation, schools and educators will be chilled from discussing or even referencing LGBTQ people, and LGBTQ students will be stigmatized, ostracized and denied the educational opportunities that their non-LGBTQ peers receive,” the complaint said.
DeSantis, who is seeking reelection this year and is widely expected to be a candidate for president in 2024, has joined other Republicans nationwide in calling for parents to have more control of what young children learn in school.
The new law has drawn harsh criticism, including from Democratic President Joe Biden, who has called it “hateful.”
The case is Equality Florida et al v. DeSantis et al, U.S. District Court, Northern District of Florida, No. 4:22-cv-00134.
The opposition to these efforts is fueled by indignation at what they perceive as the sheer meanness of these bills. But opponents also make a constitutional argument. They contend that muzzling classroom speech of teachers may run afoul of the First Amendment.
When it comes to teachers in public schools, however, this is not a black-and-white issue. Public school teachers have limited First Amendment rights. School districts make the decision on curricula, and teachers must follow it. Therefore, the argument that the bills are posing unconstitutional limits on public school teachers may not hold up because teachers are already limited in what they can say.
But as Clay Calvert, the director of the Marion B. Brechner First Amendment Project at the University of Florida, told Changing America, the “Don’t Say Gay” law could have a “chilling effect.” Teachers may be inclined to censor themselves for fear of retribution by parents who might even sue.
Students Have Power
But this does not mean there is not a constitutional issue involved with laws like the “Don’t Say Gay” bill. The issue is the free-speech rights of the students.
In 1969, the U.S. Supreme Court made it abundantly clear in Tinker v. Des Moines School Dist. that students of every age have First Amendment rights. Calvert says that means students have the right to sue if their discussions or questions about sexual identity are stifled.
“You can imagine a child who is questioning their sexual orientation at a young age and then being shut down by a teacher who says, ‘Well, by law, unfortunately, we can’t encourage discussion of this,’” Calvert said.
“It’s a complex issue because it really is about how much a state legislative body can do to limit speech and limit expression in the classroom,” he added.
In other words, when DeSantis signs the “Don’t Say Gay” bill into law, look for an immediate constitutional challenge.