Florida Settlement Says You CAN Say Gay (A Little Bit)

Two years after Florida Governor Ron Desantis signed his horrible “Don’t Say Gay” bill into law, some of DeSantis’s legislative plans are beginning to unravel in ways that the LGBTQ community is celebrating.

DeSantis signed the first iteration of the bill into law in March of 2022, prohibiting the discussion of sexual orientation and gender in elementary schools. The following year, in May 2023, DeSantis expanded these restrictions, extending the classroom discussion censorship up to the 8th grade. Both versions also include (presumably deliberately) vague language creating a gray area in what can be discussed in any number of settings, even with older students.

The results of a recent Florida settlement in a lawsuit challenging the “Don’t Say Gay” law clarify what actions are allowed and which are not. This settlement, which was agreed upon earlier this month, zeroes in on the language of the law that applies to the classroom and not simply anything that happens at a school. While DeSantis and his conservative “parental rights” crowd are calling the settlement a win because discussion of gender identity is still disallowed in classroom instruction and discussion, other restrictions are removed via this settlement. 

LGBTQ+ visibility and support are returning to Florida schools as a result of the settlement. Prior to this settlement, many schools shuttered their Gay-Straight Alliance. According to the AP, visible signs of LGBTQ+ support like safe space stickers were taken down at schools. Some LGBTQ+ faculty members removed family photos from public view or quit entirely rather than be forced back into the closet. Anti-bullying programs specifically aimed at protecting LGBTQ+ community members were paused.

Now the door is open for those things to return, along with some books removed from school libraries. The instruction component of DeSantis’ “Don’t Say Gay” law remains, though. Teachers are still prohibited from talking in a classroom setting—either in lessons or class discussions—about gender and sexual orientation. However, the settlement makes it clear that the law is not a nebulous blanket ban on all discussion of gender identity and sexuality, nor is it a reason to shut down support groups, trainings, and safe spaces for students.

All this matters tremendously because in the wake of DeSantis’ “Don’t Say Gay,” several states introduced similar legislation, along with a national version. This Florida settlement is a start in pushing back against the anti-LGBTQ movement and affirming the identities of all school community members.

(featured image: pixdeluxe/Getty Images)