Gender identity and sexual orientation may now be addressed in Florida classrooms, following a legal settlement that delineates its boundaries while keeping intact a contentious state education law.
The settlement, unveiled on Monday, offers clarity regarding Florida’s 2022 parental rights legislation, which had sparked considerable debate.
The challenge against Florida’s parental rights bill, brought by plaintiffs, contended that it could potentially ostracize LGBT youth.
Both Florida authorities and the plaintiffs expressed satisfaction with the outcome on Monday.
Roberta Kaplan, the primary attorney in the case, stated that the legal resolution brings “much-needed clarity” and is “a significant victory” for LGBTQ+ individuals and their supporters across Florida.
Florida Governor Ron DeSantis’s office hailed it as a “significant triumph.”
“We vigorously defended this law to prevent its misrepresentation in court, as occurred in the public sphere through media and major corporate entities,” stated general counsel Ryan Newman.
Initially dubbed the “Don’t Say Gay” bill by critics, the Parental Rights in Education Act initially restricted classroom discourse and instruction on gender identity and sexual orientation in kindergarten through third grade in state public schools. This was later expanded to encompass all grade levels up to high school.
The law ignited widespread controversy, drawing criticism from LGBT and civil rights groups, as well as from prominent corporations like Disney, which has a substantial presence in the state, and President Joe Biden.
Plaintiffs challenging the legislation argued that its ambiguous language would stifle discourse in schools and foster uncertainty regarding the subjects teachers could broach with their students, including aspects such as sharing details about their family lives.
Governor DeSantis, a Republican, maintained that critics had deliberately misinterpreted the law.
The settlement now specifies that the law “limits instruction on specific subjects (sexual orientation and gender identity), not simply discussion of them.”
Permissible under the law are “incidental” references in literature to gay or transgender individuals or same-sex couples.
It does not curtail “references to LGBTQ issues” in theatrical productions, “dancing between individuals of the same gender” at school events, or mentions of a person’s family in a classroom setting.
The law does not extend to library books not utilized in instruction, and it enables students to engage in extracurricular activities such as joining a school gay-straight alliance.
Furthermore, it delineates that the law is “neutral,” implying that restrictions on instruction pertain to both LGBT and heterosexual topics.
Under the terms of the settlement, the Florida Department of Education is mandated to furnish a copy of the agreement and the guidelines it establishes to the school boards in every state school district.
