Anti-LGBT curriculum laws in the United States
Anti-
Among the most widely covered of these laws from In
State laws
Louisiana
"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
"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
"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
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
As of March 2022, the Texas Anti-LGBT curriculum laws remain on the Statute books.
Florida
In March 2022, the
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
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
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
In July 2021, Arizona governor Doug Ducey signed a bill requiring parents to opt-in to any instruction "regarding sexuality."[40]
South Dakota
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
Arizona
In April 2019, the
North Carolina
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
On October 21, 2016,
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
South Carolina
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
- LGBT rights in the United States
- LGBT rights opposition
- Censorship of LGBT issues
- Russian gay propaganda law
- LGBT sex education
- Education and the LGBT community
- 2022 Hungarian LGBTQ in education referendum
- Acquired homosexuality
- Homosexual seduction
References
- ^ Diaz, Jaclyn (March 28, 2022). "Florida's governor signs controversial law opponents dubbed 'Don't Say Gay'". NPR.
- ^ ""No Promo Homo" Laws". GLSEN. Archived from the original on July 1, 2014. Retrieved August 28, 2018.
- ISSN 0190-8286. Retrieved July 8, 2022.
- ^ Diaz, Jaclyn (March 28, 2022). "Florida's governor signs controversial law opponents dubbed 'Don't Say Gay'". NPR. Retrieved May 11, 2022.
- ^ 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.
- ^ Alfonseca, Kiara (April 19, 2023). "So-called 'Don't Say Gay' rules expanded through 12th grade in Florida". ABC News. Retrieved April 19, 2023.
- ^ Alfonseca, Kiara (April 8, 2022). "Alabama governor signs 'Don't Say Gay,' trans care and bathroom ban bills". ABC News. Retrieved July 1, 2022.
- ^ Holmes, Jacob (September 9, 2022). "Alabama Board of Education codifies "Don't Say Gay" law". Alabama Political Reporter. Retrieved April 19, 2023.
- ^ "Iowa Gov. Reynolds signs bill restricting instruction on sexual orientation and gender identity". NBC News. May 26, 2023. Retrieved May 27, 2023.
- ^ a b c d e f "#DontEraseUs: State Anti-LGBT Curriculum Laws". Retrieved August 28, 2018.
- ^ "Louisiana State Legislature". www.legis.la.gov. Retrieved August 28, 2018.
- ^ Canicosa, J. C. (May 3, 2022). "Louisiana's 'Don't Say Gay' bill dies in committee". Louisiana Illuminator. Retrieved November 3, 2022.
- ^ "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.
- ^ "AIDS Prevention Education". www.oscn.net. Retrieved August 28, 2018.
- ^ "Health and Safety Code Chapter 85. Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection". Texas Legislature. Retrieved August 28, 2018.
- ^ "Health and Safety Code Chapter 163. Education Program About Sexual Conduct and Substance Abuse". Texas Legislature. Retrieved August 28, 2018.
- ^ Levine, Carole (November 23, 2020). "After 23 Years, Texas Revises Its Sex Education Policies". Nonprofit Quarterly. Retrieved January 30, 2024.
- ^ "HB 1557". Florida Senate.
- ^ Borter, Gabriella (March 9, 2022). "Florida lawmakers pass bill limiting LGBTQ discussion in school". Reuters.
- ^ 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.
- ^ O'Connor, Lydia (March 28, 2022). "Gov. Ron DeSantis Signs Florida's 'Don't Say Gay' Bill Into Law". HuffPost. Retrieved March 28, 2022.
- ^ "Florida House passes controversial 'Don't Say Gay' bill". ABC News. Archived from the original on February 24, 2022. Retrieved February 24, 2022.
- ^ "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.
- ^ "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.
- ^ "Florida H1557 | 2022 | Regular Session". LegiScan. Archived from the original on February 26, 2022. Retrieved February 26, 2022.
- ISSN 0362-4331. Retrieved April 6, 2022.
- ^ "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.
- ^ Solochek, Jeffrey S. (March 31, 2022). "Parents upset DeSantis signed bill on gender lessons at their school". Tampa Bay Times. Retrieved April 3, 2022.
- ^ a b Reyes, Yacob (January 3, 2022). "What's in a name: 'don't say gay' vs. 'parental rights'". Politifact. Retrieved April 3, 2022.
- ^ Saunders, Jim (October 31, 2022). "WMNF Opponents try again to Block Florida's "Don't say gay" education law". WMNF. Retrieved November 3, 2022.
- ^ "Federal judge rejects challenge to Florida's 'Don't Say Gay' law". CBS News. October 3, 2022.
- ^ "Judge again tosses challenge to Florida's 'Don't Say Gay' bill". PBS NewsHour. October 21, 2022. Retrieved November 14, 2022.
- ^ "DeSantis moves to expand 'Don't Say Gay' law to Florida high schools". NBC News. March 22, 2023.
- ^ Lyman, Brian. "Ivey signs bill striking anti-homosexuality language from Alabama sex education law". The Montgomery Advertiser. Retrieved April 28, 2021.
- ^ "Code of Alabama 1975". Alabama Legislature. Retrieved February 23, 2021.
- ^ Alfonseca, Kiara (April 8, 2022). "Alabama governor signs 'Don't Say Gay,' trans care and bathroom ban bills". ABC News. Retrieved November 15, 2022.
- ^ "HB 1608 started as a 'don't say gay' bill. Now it targets transgender names, pronouns". The Indianapolis Star.
- ^ "Indiana's anti-LGBTQ+ 'snitch line' flooded with memes". www.advocate.com. Retrieved February 7, 2024.
- ^ General, Attorney (May 11, 2022). "Eyes on Education". Attorney General. Retrieved February 7, 2024.
- ^ "Bill Status Inquiry". apps.azleg.gov. Retrieved April 18, 2024.
- ^ "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.
- ISSN 0190-8286. Retrieved March 22, 2024.
- ^ a b "Ducey signs law repealing teaching restriction considered anti-LGBTQ". KTAR.com. April 11, 2019.
- ^ "15-716 - Instruction on acquired immune deficiency syndrome; department assistance". www.azleg.gov.
- ^ "Arizona Governor Signs Repeal of 28-Year-Old 'No Promo Homo' Law Banning Teachers from Promoting a 'Homosexual Lifestyle'". April 11, 2019.
- ^ Bergelin, Paul (April 10, 2019). "H.1346FloorSHOPE_Merged.pdf" (PDF). azleg.gov. Retrieved August 28, 2022.
- ^ "Arizona SB1346 | 2019 | Fifty-fourth Legislature 1st Regular". LegiScan.
- ^ 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.
- ^ "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.
- ^ Harrie, Dan (March 8, 2017). "Utah Legislature strikes so-called 'no-promo homo' law". The Salt Lake Tribune. Retrieved August 28, 2018.
- ^ "SB0196". Utah State Legislature. Retrieved August 28, 2018.
- ^ Winslow, Ben (March 20, 2017). "Utah governor repeals law forbidding 'promotion' of homosexuality in schools". FOX 13. Salt Lake City.
- ^ 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.
- ^ "LBGTQ groups: South Carolina law is putting students at risk". AP NEWS. April 20, 2021. Retrieved November 16, 2021.