{"id":2630,"date":"2022-10-25T15:16:51","date_gmt":"2022-10-25T19:16:51","guid":{"rendered":"https:\/\/www2.law.temple.edu\/lppp\/?p=2630"},"modified":"2022-10-25T15:16:54","modified_gmt":"2022-10-25T19:16:54","slug":"the-era-of-curriculum-censorship-3-states-recent-actions-on-dont-say-gay-trans","status":"publish","type":"post","link":"https:\/\/www2.law.temple.edu\/lppp\/the-era-of-curriculum-censorship-3-states-recent-actions-on-dont-say-gay-trans\/","title":{"rendered":"The Era of Curriculum Censorship: 3 States\u2019 Recent Actions on Don\u2019t Say Gay\/Trans"},"content":{"rendered":"\n

Emily Harris, JD Anticipated May 2024, Law and Public Policy Scholar<\/strong><\/strong><\/p>\n\n\n\n

Since the 2022-2023 school year has started, curriculum censorship is on the minds of parents, teachers, and students across the nation. If and how \u201cDon\u2019t Say Gay\/Trans\u201d laws should be enacted is at the forefront of political discussions. These conversations are happening on school boards, in state legislatures, and in homes from the East to West coast. This is a look at what is currently happening in three states regarding \u201cDon\u2019t Say Gay\/Trans.\u201d<\/p>\n\n\n\n

Virginia<\/strong><\/p>\n\n\n\n

Under Governor Youngkin, the Commonwealth\u2019s Department of Education is changing its policy regarding transgender students<\/a>. The new policy would require students to use bathrooms and locker rooms that match their sex assigned at birth. This can make school a more dangerous place<\/a> for transgender students. The policy would also make it a requirement to use a student\u2019s official name and pronouns unless parents have given approval for an alternative name or pronoun, further risking a student\u2019s health and safety.<\/p>\n\n\n\n

Previously, the guidance under Governor Northam\u2019s administration<\/a> was more inclusive of transgender students. In 2021, the Northam guidance focused on the health and safety of students. The policy let students use names and gender pronouns that reflect their gender identity without \u201cany substantiating evidence,\u201d allowed students to participate in programming and access facilities in a manner consistent with their gender identity, and weighed sharing information about students\u2019 gender identity with parents on a \u201ccase-by-case\u201d basis.<\/p>\n\n\n\n

Students in Virginia were outraged by the proposed Youngkin policy and staged a walkout<\/a> in September, 2022. Thousands of students from nearly 100 schools across the state participated in these walkouts. It\u2019s clear to students that these policy changes would harm their LGBTQ+ peers, particularly transgender kids, whom this policy explicitly targets. Students involved in the walkout expressed their fear over the proposed policy and hoped their actions would lead to school districts rejecting these proposed guidelines.<\/p>\n\n\n\n

The 2022 model policies must be open for thirty days of public comment<\/a> before taking effect. The Commonwealth\u2019s Department of Education has received thousands of comments<\/a>, a majority opposing the policy change. The comment period closes on October 26, 2022. After that time, the Department of Education will review the comments and submit a final version of the policy to the state\u2019s superintendent for approval. The policy will be effective immediately<\/a>.<\/p>\n\n\n\n

Florida<\/strong><\/p>\n\n\n\n

Florida\u2019s \u201cDon\u2019t Say Gay\/Trans\u201d law went into effect this school year, and it\u2019s already had impacts beyond the scope of the actual law. Teachers are nervous<\/a> about how far the law actually goes, and one Florida school district prevented enacting LGBTQ+ history month<\/a> because of concerns that it would violate the new law. Students are already feeling the consequences of the new law.<\/p>\n\n\n\n

Equality Florida, Family Equity, as well as students, parents, and teachers, have taken the fight to federal court, claiming \u201cDon\u2019t Say Gay\/Trans\u201d violates the First Amendment and Title IX. The case was dismissed<\/a> on September 29, 2022 for lack of standing.<\/p>\n\n\n\n

One interesting aspect of the judge\u2019s decision was the efforts to clarify some of the vague language of H.B. 1557<\/a> (\u201cDon\u2019t Say Gay\/Trans\u201d). The language of the law has been a concern for many since it was signed into law in March 2022. The bill\u2019s broad and vague language has led to concerns that the law prohibits a wide range of conduct. Teachers are particularly worried about the part of the law that states, \u201cclassroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in kindergarten through grade 3 or in a manner that is not age-appropriate for students.\u201d<\/p>\n\n\n\n

The judge states in his order<\/a> that addressing bullying based on sexual orientation or gender identity was not classroom instruction; teachers talking about their same-sex partners was not classroom instruction; LGBTQ+ parents participating in classroom events was not classroom instruction. The judge listed these specific acts in his explanation for why the plaintiffs have not stated a harm resulting from enforcement of H.B. 1557. Plaintiffs were not able to use these harms to state a claim in court; however, this part of the judge\u2019s opinion may help to narrow the scope of \u201cDon\u2019t Say Gay\/Trans.\u201d<\/p>\n\n\n\n

Michigan<\/strong><\/p>\n\n\n\n

Recently, Michigan\u2019s state senate adopted a harmful resolution<\/a> condemning teaching training videos from the state\u2019s Department of Education. These training videos instructed teachers on how to safely address students\u2019 sexual orientation and gender identity status.<\/p>\n\n\n\n

State Senate republicans<\/a> felt these videos were inappropriate because they suggest that school administrators and teachers should not disclose to parents their child\u2019s gender orientation, sexual orientation, or pronouns. The resolution claimed to reaffirm the fundamental right of parents to direct the care and education of their children, similarly to Florida\u2019s \u201cDon\u2019t Say Gay\/Trans\u201d law.<\/p>\n\n\n\n

The training videos taught teachers that it is not always the best course of action to \u201cout\u201d a student\u2019s sexual orientation or gender identity to their parents. Instead, the videos explained that this information should be addressed on a case-by-case basis, prioritizing the health and safety of students. This sort of training is important because only 37% of LGBTQ+ youth<\/a> feel their home is an LGBTQ-affirming space. Schools have the opportunity to provide safe and supportive environments for LGBTQ+ youth, many of whom lack acceptance at home or in their communities.<\/p>\n\n\n\n

This resolution is yet another example of conservative politicians using the LGBTQ+ community as a political punching bag<\/a>. Instead of paying attention to the real needs and concerns of LGBTQ+ youth, they are pushing a political agenda to rile up their base.<\/p>\n\n\n\n

Conclusion<\/strong><\/p>\n\n\n\n

The continual push for censored curricula has clearly not ceased with the start of a new school year. Conservative politicians are using this tactic<\/a> to target LGTBQ+ kids as a way to shore up votes in the midterms this upcoming November. Only time will tell if this strategy is successful for the GOP. However, this election will come and go, but the harmful impact on LGBTQ+ kids will remain. <\/p>\n","protected":false},"excerpt":{"rendered":"

Emily Harris, JD Anticipated May 2024, Law and Public Policy Scholar Since the 2022-2023 school year has started, curriculum censorship is on the minds of parents, teachers, and students across the nation. If and how \u201cDon\u2019t Say Gay\/Trans\u201d laws should be enacted is at the forefront of political discussions. These conversations are happening on school boards, in state legislatures, and in homes from the East to West coast. This is a look at what is currently happening in three states … <\/p>\n

Read More<\/a><\/p>\n","protected":false},"author":15,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"generate_page_header":"","jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[4],"tags":[],"coauthors":[67],"class_list":["post-2630","post","type-post","status-publish","format-standard","hentry","category-blog","infinite-scroll-item","masonry-post","generate-columns","tablet-grid-50","mobile-grid-100","grid-parent","grid-50"],"yoast_head":"\r\nThe Era of Curriculum Censorship: 3 States\u2019 Recent Actions on Don\u2019t Say Gay\/Trans - Law & Public Policy Program<\/title>\r\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\r\n<link rel=\"canonical\" href=\"https:\/\/www2.law.temple.edu\/lppp\/the-era-of-curriculum-censorship-3-states-recent-actions-on-dont-say-gay-trans\/\" \/>\r\n<meta property=\"og:locale\" content=\"en_US\" \/>\r\n<meta property=\"og:type\" content=\"article\" \/>\r\n<meta property=\"og:title\" content=\"The Era of Curriculum Censorship: 3 States\u2019 Recent Actions on Don\u2019t Say Gay\/Trans - Law & Public Policy Program\" \/>\r\n<meta property=\"og:description\" content=\"Emily Harris, JD Anticipated May 2024, Law and Public Policy Scholar Since the 2022-2023 school year has started, curriculum censorship is on the minds of parents, teachers, and students across the nation. 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