This month the Florida Legislature passed House Bill 1557, widely known as the “Don’t Say Gay” bill, which seeks to prevent teachers from giving their students information about sexual orientation or gender identity. It vaguely restricts “classroom instruction” on sexual orientation or gender identity through grade 3, or in a “manner that is not age appropriate or developmentally appropriate for students in accordance with state standards.” But the bill fails to define “classroom instruction” or “age appropriate.” 

Not only does the vagueness of the bill ostensibly render it unconstitutional, the bill also uses an enforcement scheme like that of Texas Senate Bill 8. House Bill 1557 allows private individuals to bring lawsuits against school districts who they assert have violated it. Successful parents are also entitled to attorneys’ fees. Governor Ron DeSantis is expected to soon sign House Bill 1557, making it law and effective July 1, 2022.

As everyone likely knows, defending a lawsuit can be very expensive and often cost-prohibitive, especially where the school district-defendant would be forced to pay for its legal fees plus the legal fees of the complainant. The bill is seemingly designed to chill all speech related to gender identity and sexual orientation. Will a gay teacher feel comfortable showing students a picture of their spouse? What if a book has a gay character? Can a student with gay parents discuss his or her family life in class? Probably not. The bill will almost certainly have a devasting impact on children.  

Among Lawyers Club’s core values are leading on inclusivity and diversity, as well as advocating against gender-based violence and discrimination. This legislation is contrary to the values of our organization, and we will continue to fight for equality for all.