This week, a settlement was reached between Kaplan Hecker & Fink LLP, National Center for Lesbian Rights and various departments within the state of Florida, including the Florida State Board of Education and Florida Department of Education. The settlement of the suit, brought by parents, educators and nonprofits Equality Florida and Family Equality, will greatly reduce the ways Florida can enforce HB 1557, also known as the “Don’t Say Gay” by critics.
“The agreement effectively nullifies the most dangerous and discriminatory impacts of Florida’s controversial ‘Don’t Say Gay Law’ and makes clear that the law must be applied neutrally and is no license to discriminate against or erase LGBTQ+ families,” Kaplan Hecker & Fink LLP said in a statement.
“The settlement restores the ability of students, teachers, and others in Florida schools to speak and write freely about sexual orientation and gender identity in class participation and schoolwork. It also restores safeguards against bullying on the basis of sexual orientation and gender identity, and reinstates Gay-Straight Alliances (GSAs).”
Lead Counsel Roberta Kaplan, who was also the attorney behind key LGBTQ+ victories in marriage equality and is also representing E. Jean Carroll in her defamation suits against former president Donald Trump, said this.
“For nearly two years, Florida’s notorious ‘Don’t Say Gay’ law has spawned a disturbing wave of fear, anxiety, and confusion. By providing much-needed clarity, this settlement represents a major victory for the many thousands of LGBTQ+ students, teachers, parents, and their allies throughout Florida.”
The settlement lays out what is permitted now under HB 1557:
- Instruction or intervention against bullying due to sexual orientation or gender identity. Also the removal of safe space stickers or elimination of safe spaces for LGBTQ+ individuals will not be mandated.
- Gay-Straight Alliances, book fairs that include LGBTQ+ books, musicals and plays with LGBTQ+ themes, and “participation and expression by LGBTQ+ persons in other extracurricular events like school dances, or the wearing of clothing that is affiliated with LGBTQ+ persons or issues or that does not conform with one’s perceived gender identity.”
- References to LGBTQ+ people or issues in literature, classroom discussion, academic work or teachers’ review of the same.
- Teachers will not have to hide their LGBTQ+ identities or same-sex relationships
This settlement greatly dismantles the most harmful and prohibitive parts of the “Don’t Say Gay” bill and LGBTQ+ groups and advocates are applauding the agreement.
Equality Florida’s Executive Director Nadine Smith said in a statement: “This settlement not only reaffirms the rights of LGBTQ+ students and educators to live and speak openly but also marks a significant step towards rectifying the damage inflicted by the ‘Don’t Say Gay or Trans’ law. It’s a testament to what we can achieve when we stand united against discrimination and for the dignity of all LGBTQ+ people in Florida.”
National Center for Lesbian Rights Legal Director Shannon Minter, and one of the plaintiffs in the suit, said in a statement: “Today’s settlement reaffirms the rights of Florida’s students and teachers to openly discuss and learn about LGBTQ+ people, marking a victory for free expression and inclusivity for LGBTQ+ students, families, and teachers alike.”
While LGBTQ+ advocates are cheering, Gov. Ron DeSantis’ administration is also claiming victory.
A press release from DeSantis’s office states: “Today, the Office of Governor Ron DeSantis announces a major win against the activists who sought to stop Florida’s efforts to keep radical gender and sexual ideology out of the classrooms of public-school children in kindergarten through third grade (5- to 9-year-olds).”
“We fought hard to ensure this law couldn’t be maligned in court, as it was in the public arena by the media and large corporate actors,” said General Counsel Ryan Newman in the press release. “We are victorious, and Florida’s classrooms will remain a safe place under the Parental Rights in Education Act.”
The settlement over the “Don’t Say Gay” law curtails its enforcement, allowing more freedom for LGBTQ+ discussions in Florida schools. Will other states with similar laws like North Carolina, Iowa, Indiana and Arkansas face similar outcomes? We’ll be here to cover it if and when it does.