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Anti-LGBT curriculum laws in the United States

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  State law prohibits LGBT inclusive instruction in the classroom.
  State law prohibits LGBT inclusive instruction in the classroom up to a certain age and requires parental notification past that age.
  State law requires parental notification of LGBT inclusive instruction and allows parents to opt their children out.
  State law explicitly requires LGBT inclusion in state curricular standards.

Anti-LGBT curriculum laws are laws approved by various U.S. states that limit the discussion of sexuality and gender identity in public schools.[1] In theory, these laws mainly apply to sex ed courses, but they can also be applied to other parts of the school curriculum as well as to extracurricular activities such as sports and organizations such as gay–straight alliances.[2] In July 2022, a wave of anti-LGBT curriculum resurgence saw ten such laws beginning to take effect in six different states. Some states enacting these new laws appear to have mirrored similar laws from other states.[3]

In Florida, the Parental Rights in Education law and Florida Board of Education policy bans education on "sexual orientation" or "gender identity" unless it is mandated under state academic standards or as part of an optional reproductive health course or lesson,[4][5][6] while Alabama bans the topics from kindergarten to grade 5, except for instruction deemed "age or developmentally appropriate,"[7][8] and Iowa bans the topics from kindergarten to grade 6.[9] Five other states (Montana, Arizona, Arkansas, Tennessee and Florida) require parental notification of instruction on LGBTQ issues and allows parents to opt-out of such instruction.

State laws

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Louisiana

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"No sex education course offered in the public schools of the state shall utilize any sexually explicit materials depicting male or female homosexual activity ... The major emphasis of any sex education instruction offered in the public schools of this state shall be to encourage sexual abstinence between unmarried persons and any such instruction shall: ... Emphasize abstinence from sexual activity outside of marriage as the expected standard for all school-age children." La. R.S. § 17:281.[10][11] State Legislator Dodie Horton introduced HB 837 in the 2022 Legislative Session which would prohibit any public school teacher, employee or presenter from discussing sexual orientation or gender identity, it died in committee.[12]

Mississippi

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"Abstinence-only education shall remain the state standard for any sex-related education taught in the public schools. For purposes of this section, abstinence-only education includes any type of instruction or program which, at an appropriate age ... [t]eaches the current state law related to sexual conduct, including forcible rape, statutory rape, ... and homosexual activity ... and teaches that a mutually faithful, monogamous relationship in the context of marriage is the only appropriate setting for sexual intercourse." Miss. Code § 37-13-171.[10][13]

Oklahoma

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"AIDS prevention education shall specifically teach students that: 1. engaging in homosexual activity, promiscuous sexual activity, intravenous drug use or contact with contaminated blood products is now known to be primarily responsible for contact with the AIDS virus; 2. avoiding the activities specified in paragraph 1 of this subsection is the only method of preventing the spread of the virus." 70 Okla. Stat. § 11-103.3.[10][14]

Texas

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Texas Statute Books currently contain two Anti-LGBT curriculum laws:

"The materials in the education programs intended for persons younger than 18 years of age must: (1) emphasize sexual abstinence before marriage and fidelity in marriage as the expected standard." Tex. Health & Safety Code § 85.007.[15]

"Course materials and instruction relating to sexual education or sexually transmitted diseases should include: [...] (8) emphasis, provided in a factual manner and from a public health perspective, that homosexuality is not a lifestyle acceptable to the general public." Tex. Health & Safety Code § 163.002.[10][16]

In November 2020, the Texas Board of Education had an opportunity to update these laws, but the Republican majority voted not to in a 9–6 vote.[17] Despite this, they did vote in favor of updating the anti-bullying policy to include language about "sexual bullying", although it was unclear if this included LGBT students or not, and when the Conservative board members were questioned what the term meant, they could not give a straight definition.

As of March 2022, the Texas Anti-LGBT curriculum laws remain on the Statute books.

Florida

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Main article: Florida Parental Rights in Education Act

In March 2022, the Florida Legislature passed House Bill 1557, the Parental Rights in Education Act,[18] often referred to as the "Don't Say Gay" bill by its opponents.[19][20] Governor of Florida Ron DeSantis signed the bill into law on March 28, 2022. The law goes into effect from July 1.[21] The law prohibits classroom instruction on sexual orientation or gender identity from kindergarten to grade 3 in Florida public school districts, or instruction on sexual orientation or gender identity in a manner that is not "age appropriate or developmentally appropriate for students" in any grade. The preamble of the law also mentions "classroom discussion" of these topics, dividing legal scholars if that would be included within the scope of the law. It also allows parents and teachers to sue any school district if they believe this policy is violated, with school districts covering the cost of the lawsuit.[22][23][24][25][26][27] The bill additionally prevents school districts from withholding information about a child's "mental, emotional, or physical well-being" from their parents.[28][29] Due to the "Don't Say Gay" nickname, some commentators and social media users incorrectly believed the bill banned mentioning the word "gay" in school classrooms. The bill does not explicitly prohibit the use of the word "gay;" it prohibits classroom instruction or "discussion" on "sexual orientation or gender identity."[29]

The bill was contested by a lawsuit in the United States District Court for the Northern District of Florida alleging intrusions on the First Amendment, and that it violates Title IX and Due Process.[30] In October 2022, federal judge Wendy Berger dismissed the suit, for lack of standing, which challenged the legislation effective since July 1. She gave the plaintiffs 14 days to file a revised lawsuit.[31][32]

In 2023, Ron DeSantis called for the Florida Parental Rights in Education Act to be expanded to the twelfth grade, hence banning all discussion on gender and sexual orientation topics.[33]

Alabama

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In April 2021, Alabama governor Kay Ivey signed a repeal[34] of a 1992 law that required "Course materials and instruction that relate to sexual education or sexually transmitted diseases should include ... an emphasis, in a factual manner and from a public health perspective, that homosexuality is not a lifestyle acceptable to the general public and that homosexual conduct is a criminal offense under the laws of the state." Ala. Code § 16-40A-2. However, in 2022, Ivey signed similar legislation prohibiting LGBT instruction in 2022 after Florida passed its law.[10][35][36]

Indiana

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Indiana's "Don't Say Gay" bill was signed into law in 2023. It prohibits teaching the topics of gender fluidity, gender stereotypes, gender identity, gender expression, and sexual orientation.[37] In February 2024, a website was launched that aims to stop "objectionable curricula, policies, or programs affecting children". It features a submission form where people can report school material that violates Indiana law. Critics have described it as anti-LGBT and a "snitch line". Within hours of its launch, users submitted memes to the form in protest.[38][39]

Arizona

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In July 2021, Arizona governor Doug Ducey signed a bill requiring parents to opt-in to any instruction "regarding sexuality."[40]

South Dakota

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The House Bill 1217 was voted by the House State Affairs Committee to advance in 2021 winning with a 11–2 vote. This bill bans transgender girls from playing in any female public school sports teams grades K-12 and public colleges.[41] The bill will not be enforced by the school and its staff but by allowing the citizens to sue their schools if they believe the school is violating the ban. The bill also singles out trans girls specifically by making no mention of trans boys and their ability to play in their schools male sports teams.[42]

Repealed laws

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Arizona

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In April 2019, the Arizona State Legislature passed (House vote 55–5 and Senate vote 19–10) and the Governor of Arizona signed a repeal[43] of the 1991 HIV law (ARS § 15-716) that prohibited AIDS and HIV-related "instruction which: 1. Promotes a homosexual life-style. 2. Portrays homosexuality as a positive alternative life-style. 3. Suggests that some methods of sex are safe methods of homosexual sex."[44] Due to several court cases running, the constitutionality of the law was questioned.[43][45] The repeal went into effect on July 1, 2019.[46][47]

North Carolina

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In 2006 with the passage of 2006 N.C. Sess. Laws 264,§ 54(a)–(c), the North Carolina State Legislature amended N.C. Gen. Stat. § 115C-81(e1)(3) to remove the prohibition of discussing homosexuality.[48]

Utah

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On October 21, 2016, Equality Utah filed a lawsuit with the U.S. District Court for the District of Utah against the Utah State Board of Education to strike down Utah Code § 53A-13-101(1)(c)(iii)(A).[49] On March 8, 2017, the Utah State Legislature passed SB196, which removes the phrase "the advocacy of homosexuality" from the law.[50][51] On March 20, 2017, Governor Gary Herbert signed SB196 into law. The repeal went into effect on July 1, 2017.[52]

The repealed statute stated "[T]he materials adopted by a local school board ... shall be based upon recommendations of the school district's Curriculum Materials Review Committee that comply with state law and state board rules emphasizing abstinence before marriage and fidelity after marriage, and prohibiting instruction in the advocacy of homosexuality." Utah Code § 53A-13-101.[10]

Overturned laws

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South Carolina

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On March 11, 2020, the US District Court of South Carolina ruled in GSA v. Spearman that South Carolina's anti-LGBT curriculum law "cannot satisfy any level of judicial review under the Equal Protection Clause". The Court ordered that "[t]he Superintendent and the Superintendent's officers, assigns, successors, agents, employees, attorneys, and other persons who are acting in concert or in participation with each or any of them, are permanently enjoined from enforcing, applying, or relying on S.C. Code. § 59-32-30(A)(5)."[53] This rendered S.C. Code. § 59-32-30(A)(5) unenforceable.

The judgement was a consent decree. The defendant, the superintendent of the South Carolina Department of Education, agreed that the law was likely unconstitutional after receiving advice from South Carolina Attorney General Alan Wilson and decided to accept the Court's terms.[53][54]

See also

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References

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  1. ^ Diaz, Jaclyn (March 28, 2022). "Florida's governor signs controversial law opponents dubbed 'Don't Say Gay'". NPR.
  2. ^ ""No Promo Homo" Laws". GLSEN. Archived from the original on July 1, 2014. Retrieved August 28, 2018.
  3. ^ "10 anti-LGBTQ laws just went into effect. They all target schools". Washington Post. ISSN 0190-8286. Retrieved July 8, 2022.
  4. ^ Diaz, Jaclyn (March 28, 2022). "Florida's governor signs controversial law opponents dubbed 'Don't Say Gay'". NPR. Retrieved May 11, 2022.
  5. ^ Izaguirre, Anthony (April 19, 2023). "Florida board passes DeSantis' expansion of 'Don't Say Gay'". SFGATE. Associated Press. Archived from the original on April 19, 2023. Retrieved April 19, 2023.
  6. ^ Alfonseca, Kiara (April 19, 2023). "So-called 'Don't Say Gay' rules expanded through 12th grade in Florida". ABC News. Retrieved April 19, 2023.
  7. ^ Alfonseca, Kiara (April 8, 2022). "Alabama governor signs 'Don't Say Gay,' trans care and bathroom ban bills". ABC News. Retrieved July 1, 2022.
  8. ^ Holmes, Jacob (September 9, 2022). "Alabama Board of Education codifies "Don't Say Gay" law". Alabama Political Reporter. Retrieved April 19, 2023.
  9. ^ "Iowa Gov. Reynolds signs bill restricting instruction on sexual orientation and gender identity". NBC News. May 26, 2023. Retrieved May 27, 2023.
  10. ^ a b c d e f "#DontEraseUs: State Anti-LGBT Curriculum Laws". Retrieved August 28, 2018.
  11. ^ "Louisiana State Legislature". www.legis.la.gov. Retrieved August 28, 2018.
  12. ^ Canicosa, J. C. (May 3, 2022). "Louisiana's 'Don't Say Gay' bill dies in committee". Louisiana Illuminator. Retrieved November 3, 2022.
  13. ^ "2010 Mississippi Code :: TITLE 37 - EDUCATION :: :: Chapter 13 - Curriculum; School Year and Attendance. :: 37-13-171 - Abstinence education; components; exception to requirement; parent programs". Retrieved August 28, 2018.
  14. ^ "AIDS Prevention Education". www.oscn.net. Retrieved August 28, 2018.
  15. ^ "Health and Safety Code Chapter 85. Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection". Texas Legislature. Retrieved August 28, 2018.
  16. ^ "Health and Safety Code Chapter 163. Education Program About Sexual Conduct and Substance Abuse". Texas Legislature. Retrieved August 28, 2018.
  17. ^ Levine, Carole (November 23, 2020). "After 23 Years, Texas Revises Its Sex Education Policies". Nonprofit Quarterly. Retrieved January 30, 2024.
  18. ^ "HB 1557". Florida Senate.
  19. ^ Borter, Gabriella (March 9, 2022). "Florida lawmakers pass bill limiting LGBTQ discussion in school". Reuters.
  20. ^ Sopelsa, Brooke; Bellamy-Walker, Tat (March 8, 2022). "'Don't Say Gay' bill: Florida Senate passes controversial LGBTQ school measure". NBC News. Archived from the original on March 10, 2022. Retrieved March 11, 2022.
  21. ^ O'Connor, Lydia (March 28, 2022). "Gov. Ron DeSantis Signs Florida's 'Don't Say Gay' Bill Into Law". HuffPost. Retrieved March 28, 2022.
  22. ^ "Florida House passes controversial 'Don't Say Gay' bill". ABC News. Archived from the original on February 24, 2022. Retrieved February 24, 2022.
  23. ^ "BREAKING: Florida House of Representatives Passes "Don't Say Gay or Trans" Bill". Human Rights Campaign. February 24, 2022. Archived from the original on February 25, 2022. Retrieved February 25, 2022.
  24. ^ "Florida's House Of Representatives Passes 'Don't Say Gay' Bill". February 25, 2022. Archived from the original on February 25, 2022. Retrieved February 25, 2022.
  25. ^ "Florida H1557 | 2022 | Regular Session". LegiScan. Archived from the original on February 26, 2022. Retrieved February 26, 2022.
  26. ^ Goldstein, Dana (March 18, 2022). "Opponents Call It the 'Don't Say Gay' Bill. Here's What It Says". The New York Times. ISSN 0362-4331. Retrieved April 6, 2022.
  27. ^ "Here's what Florida's 'Don't Say Gay' bill would do, and what it wouldn't do". NBC News. March 16, 2022. Retrieved April 7, 2022.
  28. ^ Solochek, Jeffrey S. (March 31, 2022). "Parents upset DeSantis signed bill on gender lessons at their school". Tampa Bay Times. Retrieved April 3, 2022.
  29. ^ a b Reyes, Yacob (January 3, 2022). "What's in a name: 'don't say gay' vs. 'parental rights'". Politifact. Retrieved April 3, 2022.
  30. ^ Saunders, Jim (October 31, 2022). "WMNF Opponents try again to Block Florida's "Don't say gay" education law". WMNF. Retrieved November 3, 2022.
  31. ^ "Federal judge rejects challenge to Florida's 'Don't Say Gay' law". CBS News. October 3, 2022.
  32. ^ "Judge again tosses challenge to Florida's 'Don't Say Gay' bill". PBS NewsHour. October 21, 2022. Retrieved November 14, 2022.
  33. ^ "DeSantis moves to expand 'Don't Say Gay' law to Florida high schools". NBC News. March 22, 2023.
  34. ^ Lyman, Brian. "Ivey signs bill striking anti-homosexuality language from Alabama sex education law". The Montgomery Advertiser. Retrieved April 28, 2021.
  35. ^ "Code of Alabama 1975". Alabama Legislature. Retrieved February 23, 2021.
  36. ^ Alfonseca, Kiara (April 8, 2022). "Alabama governor signs 'Don't Say Gay,' trans care and bathroom ban bills". ABC News. Retrieved November 15, 2022.
  37. ^ "HB 1608 started as a 'don't say gay' bill. Now it targets transgender names, pronouns". The Indianapolis Star.
  38. ^ "Indiana's anti-LGBTQ+ 'snitch line' flooded with memes". www.advocate.com. Retrieved February 7, 2024.
  39. ^ General, Attorney (May 11, 2022). "Eyes on Education". Attorney General. Retrieved February 7, 2024.
  40. ^ "Bill Status Inquiry". apps.azleg.gov. Retrieved April 18, 2024.
  41. ^ "South Dakota House Committee Votes to Advance Discriminatory Bill to Prevent Transgender Females from Competing in Sports". American Civil Liberties Union. Retrieved March 22, 2024.
  42. ^ Branigin, Anne (July 8, 2022). "10 anti-LGBTQ laws just went into effect. They all target schools". Washington Post. ISSN 0190-8286. Retrieved March 22, 2024.
  43. ^ a b "Ducey signs law repealing teaching restriction considered anti-LGBTQ". KTAR.com. April 11, 2019.
  44. ^ "15-716 - Instruction on acquired immune deficiency syndrome; department assistance". www.azleg.gov.
  45. ^ "Arizona Governor Signs Repeal of 28-Year-Old 'No Promo Homo' Law Banning Teachers from Promoting a 'Homosexual Lifestyle'". April 11, 2019.
  46. ^ Bergelin, Paul (April 10, 2019). "H.1346FloorSHOPE_Merged.pdf" (PDF). azleg.gov. Retrieved August 28, 2022.
  47. ^ "Arizona SB1346 | 2019 | Fifty-fourth Legislature 1st Regular". LegiScan.
  48. ^ Cooley, Amanda; Harmon (2015). "Constitutional Representations of the Family in Public Schools: Ensuring Equal Protection for All Students Regardless of Parental Sexual Orientation or Gender Identity" (PDF). Ohio State Law Journal. 76 (5): 1023.
  49. ^ "Case: Equality Utah v. Utah State Board of Education". National Center for Lesbian Rights. October 21, 2016. Archived from the original on March 12, 2017. Retrieved August 28, 2018.
  50. ^ Harrie, Dan (March 8, 2017). "Utah Legislature strikes so-called 'no-promo homo' law". The Salt Lake Tribune. Retrieved August 28, 2018.
  51. ^ "SB0196". Utah State Legislature. Retrieved August 28, 2018.
  52. ^ Winslow, Ben (March 20, 2017). "Utah governor repeals law forbidding 'promotion' of homosexuality in schools". FOX 13. Salt Lake City.
  53. ^ a b "Consent Decree Judgement in Gender and Sexuality Alliance; Campaign for Southern Equality; and South Carolina Equality Coalition, Inc. v. Molly Spearman" (PDF). National Center for Lesbian Rights. March 11, 2020. Archived (PDF) from the original on March 29, 2020. Retrieved March 30, 2020.
  54. ^ "LBGTQ groups: South Carolina law is putting students at risk". AP NEWS. April 20, 2021. Retrieved November 16, 2021.
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