The office of Florida Governor Ron DeSantis on Monday called a settlement between plaintiffs and state education officials a "major win" for a controversial law backed by the governor.
The settlement comes after civil rights attorneys challenged a state law, Parental Rights in Education Act, commonly known as the "Don't Say Gay" law.
The Context
The "Don't Say Gay" bill was signed into law by DeSantis in March 2022. It initially banned instruction on sexual orientation and gender identity for public school students in kindergarten through the third grade before it was expanded to all grades last year.
Since it was first introduced by the state GOP-controlled legislature, the measure ignited an onslaught of criticism and national scrutiny, sparking protests and leading to walkouts by students and employees in the state. The law also led to a yearslong feud and legal battle between the governor and Disney, which began after Disney officials openly criticized DeSantis and the bill.
Activists who opposed the law argued that it would cause harm to LGBTQ+ students in school environments. Shortly after DeSantis signed the measure, a group of parents, students and teachers throughout Florida, along with nonprofit organizations Equality Florida and Family Equality, filed a lawsuit challenging the law.
On Monday, the settlement was announced by the plaintiffs' lead attorney Roberta Kaplan and DeSantis' office, who both hailed the agreement as a win for their side.
Newsweek reached out via email on Monday night to DeSantis' office for comment.
What We Know
Under the terms of the settlement, students and teachers will be able to freely discuss sexual orientation and gender identity in Florida classrooms as long as the topics are not part of instruction, according to a statement sent to Newsweek via email by Kaplan's office.
The terms state that the Florida Board of Education will send instructions to school districts that the law doesn't ban discussing the LGBTQ+ community, prevent anti-bullying rules or bar Gay-Straight Alliance groups. The settlement also spells out that the law is neutral—meaning what applies to LGBTQ+ people also applies to heterosexual people—and that it doesn't apply to library books not being used in the classroom.
The Republican governor's office said in an online statement that the settlement is "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."
DeSantis said in the statement that the "mutually agreed settlement ensures that the law will remain in effect."
While the plaintiffs' legal team aimed to have the law struck down, Kaplan also characterized the settlement as a victory for her side.
"For nearly two years, Florida's notorious 'Don't Say Gay' law has spawned a disturbing wave of fear, anxiety, and confusion," Kaplan said. "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."
Kaplan said the agreement "nullifies the most dangerous and discriminatory impacts" of the law while also clarifying that it must be applied neutrally and shouldn't be used as a basis to discriminate against LGBTQ+ families.
Views
"After nearly 2 years of fighting DeSantis' 'Don't Say Gay or Trans' law in the courts, we've reached a historic settlement with the state that puts an end to some of the most dangerous impacts of this law for students, parents, & teachers," Equality Florida wrote on X, formerly Twitter, Monday evening.
From DeSantis' camp, general counsel Ryan Newman said, "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. We are victorious, and Florida's classrooms will remain a safe place under the Parental Rights in Education Act."
Update 3/11/24, 7:05 p.m. ET: This article was updated with additional information and comment from Kaplan.
Uncommon Knowledge
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
About the writer
Maura Zurick is the Newsweek Weekend Night Editor based in Cleveland, Ohio. Her focus is reporting on U.S. national news ... Read more
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