The Florida law labeled by critics as “ Don’t Say Gay ” is remaining in place under a settlement reached this week between the state and parents, students, teachers and advocacy groups who challenged it in court.
But the fallout that gave it that nickname is nixed under the deal.
Florida’s 2022 law was created to push back against what conservatives characterize as efforts to indoctrinate kids to a liberal ideology.
It is one of the highest-profile among dozens of measures adopted in Republican-controlled states to try to rein in what can be taught about LGBTQ+ issues — and the rights of LGBTQ+ people — in a movement championed by Florida governor and former presidential candidate Ron DeSantis, among others.
Here are things to know about the fallout from Florida’s settlement.
The main thing the settlement does is clarify a law that was purposely vague so it could be used as a weapon to discriminate, said Joe Saunders, senior political director at Equality Florida and a former state lawmaker.
A key point of clarity is how the law applies to “classroom instruction,” as opposed to mere discussion or mention of a topic anywhere on school grounds.
He listed some things that will change now:
— Books featuring LGBTQ+ characters were removed from school libraries in one county. Those books must now be returned. But depending on the content of the book, a teacher might not be able to, say, read it aloud to a class.
— Anti-bullying programs that had been ditched because they addressed anti-LGBTQ+ bullying can resume.
— Teachers in a county that once allowed them to designate their classrooms as LGBTQ+ safe spaces with a sticker on the door were required to peel them off. Now, the stickers can return.
— One valedictorian was forced to censor a commencement speech in which he mentioned he was gay. That kind of censorship would no longer be allowed.
— Lawyers advised teachers in one county that they shouldn’t talk with students about LGBTQ+ issues or, if they were in a same-sex relationship, even put family photos on their desks. Those photos can now come out of the closet.
— Some after-school gay-straight alliances canceled meetings or went underground because most are advised by teachers, some of whom worried about being punished. Those are now clearly allowed.
“What the settlement now makes clear is that students can say ‘gay’ in Florida schools, that students can say ‘trans’ in schools … and not have to deal with censorship from the weaponized vagueness of the law,” Saunders said in an interview Tuesday.
The agreement took effect immediately when it was signed by a lawyer for the state government on Monday.
Under the agreement, the state government is to share the settlement — and guidance on how to implement it — with the state’s 67 county school districts.
The agreement does not lay out a timeline for that.
Katie Blankenship, director of PEN America Florida, said her group will watch closely to see what happens to classroom books that had been removed or covered up with paper because of Florida’s law.
“I want to know that teachers are being assured they can still share their classroom libraries,” Blankenship said.
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