The Florida Board of Education on Wednesday approved a ban on classroom instruction about sexual orientation and gender identity in all grades, expanding the law critics call “Don't Say Gay” at the request of Gov. Ron DeSantis as he gears up for an expected presidential run.
The proposal will take effect after a procedural notice period that lasts about a month, according to an education department spokesman.
The rule change would ban lessons on sexual orientation and gender identity from grades 4-12, unless required by existing state standards or as part of reproductive health instruction that students can choose not to take. Florida currently bans such lessons in kindergarten through third grade.
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The DeSantis administration put forward the proposal last month as part of the Republican's aggressive conservative agenda, with the governor leaning heavily into cultural divides ahead of his looming White House candidacy.
DeSantis has not commented on the proposal. He previously directed questions to Education Commissioner Manny Diaz Jr., who said it was meant to clarify confusion around the existing law and reinforce that teachers should not deviate from existing curriculums.
“We’re not removing anything here,” Diaz Jr. said on Wednesday. “All we are doing is we are setting the expectations so our teachers are clear: that they are to teach to the standards.”
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“Our instruction should be based on state academic standards,” Paul Burns, chancellor of the state’s division of public schools, told board members on Wednesday.
The prohibition, which began last year with the law banning sexual orientation and gender identity lessons in kindergarten through third grade, has drawn intense backlash from critics who argue it marginalizes LGBTQ+ people and has vague terms that result in self-censorship from teachers. Democratic President Joe Biden has called it “hateful.”
“This is the quiet part out loud — we’ve always said this was not about protecting young children from sexually explicit topics, this has always been about censoring LGBTQ people out of classrooms entirely," said Brandon Wolf of Equality Florida.
Democrats argued that ignoring gender dysphoria in children can be psychologically harmful, They said parents and doctors should make decisions on treatment, not government.
“I grew up in an era when a student dare not acknowledge being gay or lesbian or transgender, and it breaks my heart that we are headed that way again," a speaker said before the board Wednesday.
“Trans people are already dealing with the feeling of not feeling wanted, not being accepted, not being loved, not belonging. Do we want to treat them like they are worthless?” said Democratic Rep. Marie Paule Woodson. “This is a territory that we have no right of stepping into.”
As they debated, a group of protesters shouted against bill sponsor Republican Rep. Randy Fine, chanting, “Racist, sexist, anti-queer, Randy Fine get out of here.”
“We know that these are all just part of the governor’s agenda to attack our community and to take rights away from people disguised under parents’ rights,” said Salvatore Vieira, a field manager for Equality Florida, who led the chants. “I fully believe in an equal and a beautiful Florida for everyone.”
The House sent DeSantis another bill that bans children from an adult live performance, a proposal aimed at the governor’s opposition to drag shows
The current law is also the root of an ongoing feud with Disney, one of the state’s largest employers and political donors.
The entertainment giant publicly opposed the legislation last year, and as punishment, DeSantis pushed lawmakers to give him control of a self-governing district that Disney oversees in its theme park properties.
Before a set of new DeSantis appointees could assume control of the district, Disney’s board passed restrictive covenants that strip the incoming members of most of their powers, blunting the governor’s retaliation.
DeSantis has directed the chief inspector general to investigate the Disney board’s move and vowed to take additional revenge against the company through legislation.
