Miami, Florida – A recent legal settlement in Florida has clarified that discussions on gender identity and sexual orientation can take place in classrooms as long as they are not part of formal instruction, putting an end to a debate sparked by the controversial Parental Rights in Education Act.
The settlement, announced on Monday, addressed concerns raised by plaintiffs who argued that the parental rights bill passed in 2022 could marginalize LGBTQ youth. While the law initially prohibited classroom discussion and instruction on gender identity and sexual orientation in kindergarten through third grade, it was later expanded to include all grades through high school.
Both Florida officials and the plaintiffs claimed victory following the legal settlement. Roberta Kaplan, the lead lawyer in the lawsuit, emphasized the clarity provided by the settlement and described it as a significant win for LGBTQ+ students, teachers, parents, and allies throughout Florida.
Governor Ron DeSantis’s office also heralded the settlement as a major win, emphasizing their efforts to protect the law from misrepresentation in the legal system, as well as in the public arena, media, and by large corporate entities.
Critics had dubbed the Parental Rights in Education Act as the “Don’t Say Gay” bill, leading to widespread condemnation from LGBTQ and civil rights groups, as well as major companies like Disney and even President Joe Biden. The plaintiffs challenging the law argued that its vague language would create confusion in schools and restrict teachers from discussing important aspects of students’ lives.
The settlement now clarifies that the law only restricts instruction on specific subjects like sexual orientation and gender identity, allowing for incidental references in literature and other forms of expression. It also ensures that students can participate in extracurricular activities like joining a school Gay-Straight Alliance.
By providing guidance on what is permissible under the law, the settlement aims to create a more inclusive and understanding educational environment for all students in Florida. The Florida Department of Education is now required to disseminate the details of the agreement and the established guidelines to school boards across the state, ensuring that educators are aware of the boundaries set by the law.