Florida settles "Don't Say Gay" bill lawsuit

Photo byABC News

TALLAHASSEE, FL – The state of Florida has settled a lawsuit over its Parental Rights Education Act, which some call the “Don’t Say Gay” bill. The ruling made on Monday (Mar. 13) now clarifies the scope of the law. 

Governor Ron DeSantis came under fire in 2022 after introducing the Parental Rights Education Act. The proposed bill initially prohibited discussions about sexual orientation and gender identity in kindergarten through third grade. The bill was later expanded to high school with many criticizing its broadness of scope. 

“It’s the life we imagine for ourselves – being able to grow up, marry and have a child – and we’ve been able to have that and we’re showing kids the example that you can have a life like that or any life that you choose,” Todd Delmay, who married his husband in Florida on January 5, 2015, shared with the press. 

“But we have to be willing to allow them to see that from the youngest ages, just like we allow them to imagine being a firefighter or a doctor.”

Some have refuted this take. Political activist Ben Shapiro supported the bill in 2022 from the perspective of the Parental Rights Education Act serving as “protecting small children from the predations of adults.” Christina Pushaw, press secretary for Governor DeSantis, called the law an “anti-grooming bill.”

Both DeSantis and the plaintiff in the lawsuit claimed victory after Monday’s ruling. Roberta Kaplan, the lead lawyer in the lawsuit, said the settlement provides “much-needed clarity” and also “represents a major victory for the many thousands of LGBTQ+ students, teachers, parents, and their allies throughout Florida.”

The DeSantis administration also claimed success in court. “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,” General Counsel Ryan Newman said in a statement. “We are victorious, and Florida’s classrooms will remain a safe place under the Parental Rights in Education Act.”

According to the settlement, the Parental Rights Education Act prohibits classroom instruction about sexual orientation or gender identity in K-3 classrooms. Conversations in classrooms after the third grade should be age-appropriate. 

In addition to regulating conversations revolving around sexual orientation and gender identity in the classroom, the Parental Rights Education Act requires schools to notify parents about healthcare services offered. Guardians have the right to decline available services. 

The act requires parents give permission for questionnaires or health screenings given to children in grades K-3 prior to administrations of evaluations as well. Parents must receive the results of questionnaires and health screenings first, according to the law.