-By Madeline Matcheski
On March 8th, House Bill HB 1557, dubbed the “Don’t Say Gay” Bill, was passed in the state of Florida. The bill, although claimed to be created to protect students, may do quite the opposite. It has been a topic for debate due to its homophobic-coded wording which restricts the voices of LGBT youth and may endanger the well-being of some of these students.
The legislation states that "Classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in kindergarten through grade 3 or in a manner that is not age-appropriate or developmentally appropriate for students in accordance with state standards." In other words, teachers and students in Kindergarten to 3rd Grade are prohibited from educating others on sexual orientation or gender identity. Older grades are also affected if discussions on LGBT subjects are deemed “not age-appropriate.”
Maxx Fenning, founder and president of Prism, an LGBT non-profit educating platform in southern Florida, says, “What I find odd is the insinuation that discussion of the mere existence of people like me, a young gay man, is sexual in nature and inappropriate to children.” He goes on to explain that this bill not only sexualizes children but tells them there is “something wrong with them.” The community as a whole goes well beyond discussions of sex.
This bill would make it difficult for students with same-sex or transgender parents to discuss their home life. It would also silence LGBT voices and seems to erase their struggles and even their mere existence. Homosexual and transgender people should not be considered taboo topics and not being educated or being fearful of speaking of these realities can have lasting mental and emotional repercussions.
The impact of the bill doesn’t end there. It states that “a school district may not adopt procedures or student support forms that prohibit school district personnel from notifying a parent about his or her student's mental, emotional, or physical health or well-being, or a change in related services or monitoring, or that encourage or have the effect of encouraging a student to withhold from a parent such information. School district personnel may not discourage or prohibit parental notification of and involvement in critical decisions affecting a student's mental, emotional, or physical health or well-being”. While seeming harmless at first, this paragraph indicates that events or thoughts reported to staff that could cause the student distress must be reported to parents.
Discovering your sexuality or gender is not often an easy process. It may take many years to realize and accept and can often result in inner turmoil that affects one's mental, emotional and even physical health. With its vague wording on what counts as “affecting” mental and emotional health, a student's sexuality or gender identity could fall under this category meaning teachers would be forced to “out” the child. Such private matters shouldn’t be disclosed without the student's expressed consent.
In addition, teachers and counsellors withholding information about children’s health could be sued by their parents. As paraphrased in this subsection: parents have the right to “Bring an action against the school district to obtain a declaratory judgment that the school district procedure or practice violates this paragraph and seek injunctive relief” if parents were to find out that educators aren’t disclosing sensitive information (sexual orientation or gender identity) within “30 days” of knowing.
For many LGBT youths, having their sexual orientation or gender expression exposed can mean abandonment, neglect or abuse. The law does prepare for this, deeming it legal for students to sue the Florida Department of Education for "irreparable harm" caused by the disclosure of this private information. It isn’t legal, however, for anyone under the age of 18 to sue, nor would many children know how.
In Canada, and locally in our school boards, the Bluewater District School Board (BWDSB) and the Bruce-Grey Catholic District School Board (BGCDSB) this legislation would be illegal because they follow the Canadian Human Rights Code. In Act 3 “the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and conviction for an offence for which a pardon has been granted.” In the United States, their The Civil Rights Act of 1964 which “prohibits discrimination on the basis of race, color, religion, sex or national origin,” is less specific and therefore, allows for more discrimination on the basis of gender expression or sexual orientation.
With the influx of anti-LGBT legislation being passed in The United States and other parts of the world, the community feels like they are fighting for their lives. After working for so long to be able to express themselves freely, new mandates are making it harder and harder to do so. It is not these showcases of expression and the education on the topics that are making people identify as part of the community, but the inclusive spaces we are able to create that allow for self-exploration and acceptance among youth.
As Florida House of Representatives member, Anna V. Eskamani says, “The ‘Don’t Say Gay’ bill is based upon a lie that our kids are becoming gay because of inclusive schools, that our kids are becoming trans because of inclusive schools. I have a reminder for every person who just doesn’t get it; your kids are gay and your kids are trans and you should love them for it! It has nothing to do with the school they go to and everything to do with who they are.”
Photo Source: BWDSB Pride Month
