FORT WORTH, Texas — Texas Lt. Gov. Dan Patrick says he intends to pursue Texas legislation that mimics Florida's new "Parental Rights in Education" legislation, called by critics the "Don't Say Gay" law.
"I will make this law a top priority in the next session," Patrick said in early April.
The "Don't Say Gay" law has been on the news and talked about on social media, but what exactly is the law and what does it do?
Here's key information about the legislation, whether other states will follow and what opponents are saying.
—What is the 'Don't Say Gay' law?
Florida's "Parental Rights in Education" legislation bans instruction about sexual orientation and gender identity in kindergarten through third grade.
"A school district may not encourage classroom discussion about sexual orientation or gender identity in primary grade levels," the law reads.
In addition, it prohibits lessons in other grades that are not "age-appropriate or developmentally appropriate."
The law requires school personnel to notify parents of changes in a student's physical, mental or emotional health.
An earlier version of the bill required principals to tell parents if a student expressed a sexuality other than straight within six weeks. The amendment was removed before the bill reached the Florida House.
The bill was signed by Florida Gov. Ron DeSantis on March 28, after passing the state House on Feb. 24 and the state Senate on March 8, both of which are Republican-dominated.
The measure, scheduled to go into effect July 1, would give parents the right to sue school districts that violate the law, according to legal website FindLaw. Courts can grant damages and legal fees, the cost of which would be footed by the school district, if a school is found guilty of breaking the rules set out in the legislation.
By June 2023, the Florida Department of Education has to update school counseling, educator and student services personnel guidelines in accordance with the act.
Supporters say the bill strengthens parental rights by preventing teachers from withholding information and giving parents more say in deciding what their children are exposed to in the classroom.
"We've seen instances of students being told by different folks in school, 'Oh, don't worry, don't pick your gender yet,'" DeSantis said at a news conference, reported by the Tampa Bay Times. "They won't tell the parents about these discussions that are happening. That is entirely inappropriate. Schools need to be teaching kids to read, to write."
—How did we get here?
In recent years, conservative lawmakers have moved to restrict curricula, educational materials and books in schools. They began by targeting critical race theory. Now, the movement is targeting classroom discussions about sexual orientation.
Several measures passed by Republicans were aimed at giving parents more control over their children's education. A Florida bill passed in 2021, titled the "Parents' Bill of Rights," banned government agencies from interfering with a parent's right to "direct the upbringing, education, health care and mental health" of their child.
Alongside the "Don't Say Gay" bill, a bill known as the "Stop WOKE Act" was recently passed by the Florida Legislature. It prohibits instruction that implies someone is responsible for actions "committed in the past by other members of the same race, color, sex or national origin." It also requires that instruction, materials and professional development be "consistent with specified principles of individual freedom." Floridians can sue if they believe their school or workplace has violated the law.
—Is there similar legislation elsewhere?
Florida's law prohibiting sexual orientation discussions in public schools will likely take hold throughout the country. Other states are considering their own versions of the law. According to PEN America, 15 such bills are under consideration in nine states. Here are a few of them:
—A bill in Kansas would make it a misdemeanor for any teacher who uses materials depicting homosexuality in any way, not just if the depiction is sexually explicit or celebratory.
—Tennessee is considering a bill that would prohibit schools from using any books or instructional materials that mention "gay, bisexual, or transgender issues or lifestyles" in any way.
—Indiana's House Bill 1040 would prohibit teachers from discussing in any context "sexual orientation," "transgenderism" or "gender identity" without parental consent.
—What do critics say about the legislation?
Democrats and LGBTQ supporters say Florida's "Don't Say Gay" law will lead to bullying and attacks.
Los Angeles County last week voted to suspend official business travel to Florida and Texas over anti-LGBT policies, including the "Don't Say Gay" bill. In 2017, California banned official travel to Texas because of a law giving legal cover to religious adoption agencies that turn away prospective parents because they're gay.
Teachers say there is no developmentally inappropriate curriculum about sexual orientation or gender identity being taught to young kids, so the bill serves no purpose.
Opponents are also challenging the law on the basis that it violates constitutional rights.
Just three days after the law was signed, the first lawsuit was filed by LGBTQ rights organizations alleging that it violates the constitutionally protected rights of free speech, equal protection and due process of students and families.
One argument, that it muzzles classroom speech of teachers and violates their First Amendment rights, is not likely to hold up in court, FindLaw says, because teachers are already limited by school districts in what they can say.
Others say that it violates free speech rights of students. In 1969, the Supreme Court in Tinker v. Des Moines ruled that students of every age have First Amendment rights. Clay Calvert, the director of the Marion B. Brechner First Amendment Project at the University of Florida, told Changing America that means students have the right to sue if their discussions or questions about sexual identity are stifled.
Critics have said the language of the law is too vague. "This bill is neither clear nor specific," said Myndee Washington, a Florida teacher who testified at the Senate committee hearing. Guidelines about what is deemed age-appropriate or developmentally appropriate were not provided in the text of the bill.
That could have a "chilling effect," rights groups say, because teachers may be inclined to censor themselves for fear of retribution by parents who might sue.
