The state of Florida recently settled the claims of numerous students and agreed to limits on the Parental Rights in Education Act, known as the “Don't Say Gay” law. Passed in 2022, this law banned classroom instruction involving sexual orientation or gender identity for kindergarten to third grade, amended in 2023 to include all grades. Labeled the “Don't Say Gay” law, the scope of the provision was unclear—did it ban classroom discussions of gay issues or membership in gay/straight alliance student groups? This settlement makes it clear that Florida students can freely discuss issues of sexual orientation and gender identity and can freely join gay/straight student groups.  

The Lento Law Firm is a nationwide firm of experienced education attorneys. We represent students who are discriminated against or treated unfairly, including LGBTQ+ students. The Lento Law Firm Student Defense Team can help stop unfair treatment and harassment by schools, colleges, and universities. Call 888.535.3686 or provide your details online, and we will contact you. 

Florida Settlement Important for Other States  

The ramifications of the settlement of the “Don't Say Gay” law go far beyond Florida. Other US states have used the Florida law as a template and passed similar legislation. These states include Alabama, Arkansas, Indiana, Iowa, Kentucky, and North Carolina. Officials in these states will be closely monitoring the enforcement and settlement of the Florida law when deciding how to enforce similar laws in their states.  

Fighting Unfair Laws Can Change Them 

The decision to fight an unfair or discriminatory law can have effects beyond a single person or school. While legislatures write and pass laws and governors sign them, the courts are often left to determine what laws cover. Every US law must comply with the US Constitution and (if a state law) the state constitution. Individuals may argue that the law violates their basic constitutional rights, like speech and freedom of association, and cannot be enforced. That is what happened in Florida—several students objected that this law violated their rights to free speech in the classroom and the right to join gay/straight alliance clubs. Florida decided to settle these cases because a court would likely place these limits at some point. The students who decided to fight these laws changed the way in which Florida schools must address LGBTQ+ issues and treat students.  

The Lento Law Firm Defends Against Unfair Treatment 

If you are a student or the parent or guardian of a student facing discrimination or harassment, the Lento Law Firm can help. If you have been charged with misconduct for student speech in the classroom or if you have been disciplined under a “Don't Say Gay” law, call us. The Lento Law Firm Student Defense Team can help you defend against charges and assert your rights. Call 888.535.3686 or provide your details online, and we will contact you.