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In the past couple years, we have seen a horrific rise in legislation attacking LGBTQ+ students. While public schools are meant to be a place to support all students in their educational and personal growth, students themselves have become the target of discriminatory legislation. In March 2022, Florida passed the “Don’t Say Gay” bill, which created a shockwave across the nation and caused many other states to introduce similar legislation. The impact has been devastating – nearly half of LGBTQ+ 13–17-year-olds considered suicide last year, compared to 19% of high school students overall.
Unfortunately, 2023 has continued these problematic patterns. In Florida alone, lawmakers have enacted six anti-LGBTQ+ bills this year, most of which have a direct negative impact on students. Lawmakers have passed bills that ban conversations around sexual orientation and gender identity, criminalize students for using the restroom that matches their gender identity, and eliminate courses of study on subjects like critical race theory or gender studies. Several other states have enacted similar legislation this year including Montana, Nebraska, and Tennessee. Montana allows schools to misgender and forcibly out students. Nebraska has prohibited age-appropriate gender affirming health care for transgender youth. Tennessee lawmakers have prohibited public education institutions from requiring implicit bias trainings. A variety of other bills have passed or are being considered across the country, such as legislation censoring educational information about HIV and AIDS and allowing chaplains to serve as public school counselors.
The cascade of LGBTQ+ legislation might suggest that voters consider these important issues. But numerous polls and data contradict this narrative. Instead, the majority of voters, Democrats, Republicans, and Independents alike, say they believe that this legislation is “political theater.” The data is clear – voters across party lines want the discriminatory, harmful, and unnecessary legislation to stop.
Students Fight Back (and win!)
Kentucky: Students and parents of Fayette County School District in Kentucky have filed suit against Attorney General Daniel Cameron and the Fayette County Board of Education over SB150. Enacted earlier this year, SB150 denies transgender youth the right to use the bathroom and locker room of their gender identity and enforces new restrictions on sex education. Among the plaintiffs are four transgender students aged 10-17 who all bear stories of discrimination, bullying, and misgendering by classmates and even school employees. Students describe the treatment as ‘humiliating’ and a complete disruption of their education. Plaintiffs argue the bill violates Kentucky students’ fundamental right to public education, the Sex Equity in Education Act, Title VII of the Civil Rights Act, and the right to privacy. This is the first suit against SB150 and plaintiffs and attorneys hope to prove that it is unconstitutional.
Florida: Despite political and legal pushback, students, teachers, and parents continue to fight against the ‘Don’t Say Gay Bill’ in Florida. This July, the ‘Don’t Say Gay Bill’ was expanded and now bans the discussion of gender and sexual identity from pre-k through eighth grade, prohibits transgender students from using the bathroom that aligns with their gender identity, and allows school staff to misgender students. The original bill has been challenged in federal court by plaintiffs including three LGBTQ+ students, 11 parents and teachers, and LGBTQ+ advocacy group Family Equality. Although the judge dismissed the case, the plaintiffs appealed and are awaiting further judgment.
Events & Resources for Action
GLAAD is an organization dedicated to LGBTQ+ advocacy and cultural change. The organization has a resource list that includes legal and political advocacy tools.
Advocates for Youth is an organization that fights for a society where all young people are respected. The organization has several policy advocacy tools including a toolkit for education, health care, and community-based organizations on creating safer spaces for LGBTQ+ youth.
Educational book publisher Scholastic has taken every book it thinks may be “risky” and put it into a special collection that schools must take special steps to receive. Sign a petition to ensure that Scholastic doesn’t make it easier for extremists to ban books!