“Don’t Say Gay” Bill Already Under Threat Of Lawsuit

The ink on Florida’s Parental Rights in Education Bill—commonly known as “Don’t Say Gay”—isn’t even dry yet, and some LGBTQ+ advocacy groups have already hinted towards a lawsuit. Under the bill, instruction on sexual orientation and gender identity is prohibited in kindergarten through third grade. It additionally requires that such instruction in other grades is “age-appropriate” in accordance with state academic standards. You can read the text of the bill yourself here. Just after Governor Ron DeSantis signed the hotly contested bill into law on Monday (March 28), members of Equality Florida, the Human Rights Campaign, and members of the Florida legislature held a virtual press conference and publicly condemned the bill. “It’s a dark day for the LGBTQ community,” said Joe Saunders, senior political director for Equality Florida. It was also at that press conference that Saunders said the group is planning on filing a lawsuit against the bill. “And it will be swift and fierce, and we believe successful,” said Saunders. And there is some truth to Saunders’ statement, it truly felt like a dark day for the LGBTQ+ community. But in reality, it’s been a dark few months. Ever since the bill was first introduced in Tallahassee, opposition against the legislation protested it and called it a bill that specifically targets the LGBTQ+ community. “This is the kind of law one expects to see in an authoritarian state, not a democracy,” said Saunders. And DeSantis is also not without criticism. During Equality Florida’s press conference, Saunders called DeSantis’ actions cowardly, pointing out that DeSantis signed a bill about public education in a charter school—which will not be affected by HB 1557. “He hid his agenda from the media and the public until the last moment, skulking onto a charter school campus that is exempt from the law and away from students who would protest his presence,” said Saunders. In fact, this isn’t the first time DeSantis pulled a similar stunt. When signing the curriculum transparency bill (HB 1467)—which will require schools to list their materials in an online database—DeSantis chose the campus of Embry-Riddle Aeronautical University in Daytona Beach as the backdrop for his signing; again another school exempt from the bill he was signing. The bill also became fodder for the late-night television circuit, catching criticism from shows like Saturday Night Live, and even at the Oscars when it became part of Wanda Sykes’ opening monologue. “We’re going to have a great night tonight. And for you people in Florida, we’re going to have a gay night,” Sykes said, making fun of the notion “don’t say gay.” Equality Florida’s Executive Director Nadine Smith slightly touched on the bill’s media attention and decried DeSantis for ruining the state’s reputation, saying he made Florida a laughing stock and a target for national derision. “Worse, he has made schools less safe for children,” said Smith DeSantis is also catching flak from Washington D.C. too. The U.S. Department of Education, which has locked horns with DeSantis in the past over issues like mask mandates, announced their opposition to the bill. It’s also possible that the USDOE could file a lawsuit against the legislation as well. A statement from Secretary of Education Miguel Cardona said the department is “monitoring this law upon implementation to evaluate whether it violates federal civil rights law” “By signing this bill, Gov. DeSantis has chosen to target some of Florida’s most vulnerable students and families, all while under the guise of ‘parents’ rights.’ Make no mistake: this is a part of a disturbing and dangerous trend across the country of legislation targeting LGBTQI+ students, educators, and individuals,” said Cardona. “We’re staring at a new reality where LGBTQ+ students may wonder if they’re allowed to even acknowledge their own sexuality or gender identity; a reality where young people with LGBTQ+ family members may be forced to remain silent while others can speak freely; a reality where LGBTQ+ school staff may be forbidden from so much as mentioning their loved ones,” said Interim Human Rights Campaign President Joni Madison in a statement condemning the legislation. If the possibility of the USDOE seeking a repeal of the law wasn’t enough, so is Disney. While Disney has been at the center of their own controversy surrounding the bill, the company has recently announced that they are working with other Florida organizations to try and have the bill repealed. “Florida’s HB 1557, also known as the ‘Don’t Say Gay’ bill, should never have passed and should never have been signed into law. Our goal as a company is for this law to be repealed by the legislature or struck down in the courts, and we remain committed to supporting the national and state organizations working to achieve that,” said the company in a statement released on Monday. “We are dedicated to standing up for the rights and safety of LGBTQ+ members of the Disney family, as well as the LGBTQ+ community in Florida and across the country.” Disney was criticized for not speaking out against the bill sooner. This led to walkouts at amusement parks in both Florida and California. While this bill was approved, other important bills failed to make it through the Florida legislature. This includes a bill that would have required condo companies to inspect their buildings and set aside money for emergency repairs; a bill that came following the tragic condo collapse in Surfside. A bill that would have required businesses to get approval from customers before selling, sharing or transferring their data also failed.