Overview

Florida House Bill 1557, also known as the Parental Rights in Education Act and often referred to as the “Don’t Say Gay” law, was passed into law in 2022 in Florida. This law prohibits teaching lessons on sexual identity or gender identity to kids in kindergarten through third grade, as well as any grade if the lesson is considered “age or developmentally inappropriate.” While the term “gay” is not written into the act, critics of the policy refer to “don’t say gay” ideologies as one of the most recent controversies in a long-standing debate about sexual and gender equity in educational settings.

State regulations for what is considered “instruction” and “developmentally inappropriate” are not clearly defined. This ambiguity introduces issues for teachers and students, limiting teachers’ abilities to respond to student questions due to fear that they will be susceptible to litigation or job loss. Students may be unable to ask questions related to gender identity, diverse family forms, or sexuality in a classroom setting. Further, students may experience difficulty having their own gender identities validated in the classroom if their preferred pronouns are not to be discussed by the teacher. Critics claim this law is attempting to erase the experience and presence of the LGBTQIA+ community in educational settings (figure 10.1).

Florida House Bill 1557 also requires teachers to grant parents full access to their students’ education and health records. On the surface, permitting parents access to records and engaging in age-appropriate conversations around sexuality and gender identity may not seem like a bad policy. However, if a child “comes out” to a teacher or school official, then that information cannot be withheld from parents. The bill allows exceptions to protect a student’s information if a “reasonably prudent person would believe that disclosure would result in abuse, abandonment, or neglect,” but the language surrounding exceptions is vague. If it is not clear when teachers can protect students’ information, it is unlikely that teachers will be able to maintain confidence. By examining the Parental Rights in Education Act through a sociological perspective, we can start to see how this policy may have greater consequences that may impact the privacy, safety, and access to support and health resources for LGBTQIA+ youth. Research shows that LGBTQIA+ youth are already at high risk for mental health issues (Trevor Project 2022, NEA 2022).

This chapter will look at the intersection of sexual identities with social institutions such as education, as well as how sexuality fits into society at both the micro and macro levels. We will also look at how we construct the “rules” of sexuality, sexual attitudes, sexual orientation, and social inequalities.