Las Vegas Review-Journal

‘Don’t say gay’ laws harm those already at risk

- Marie-amélie George Marie-amélie George is an associate professor of Law at Wake Forest University and an expert on LGBTQ+ rights. She wrote this for The Atlanta Journal Constituti­on.

Awave of ANTI-LGBTQ laws is heading for schools in red states. The one that is most likely to succeed is the “Don’t Say Gay” bill, modeled on the controvers­ial statute that Florida adopted just last year. Georgia, Missouri and North Carolina are debating such laws now, while a coalition of 14 Southern states has urged a federal court to uphold Florida’s legislatio­n. The laws’ sponsors claim to protect parents’ rights by giving them more authority over the content of educationa­l materials.

However, the legislatio­n’s real effect would be to harm children.

Schools are perilous places for LGBTQ teens, who disproport­ionately suffer verbal harassment and physical abuse at the hands of their prejudiced peers. The consequenc­es of this abuse are all too often deadly. LGBTQ youths are four times more likely than their classmates to seriously consider and attempt suicide. However, schools that have nondiscrim­ination provisions and include LGBTQ topics in their curricula create much safer environmen­ts for these adolescent­s. LGBTQ teens at schools with Lgbtq-inclusive policies report lower levels of victimizat­ion and abuse, as well as higher levels of self-esteem, lower levels of depression, and decreased thoughts of suicide.

Instead of institutin­g these invaluable policies, a “Don’t Say Gay” law would altogether stifle discussion­s of LGBTQ issues and hamper educators’ ability to create inclusive school environmen­ts. Supporters dispute this, claiming the law only prohibits instructio­n on sexual orientatio­n or gender identity that is not “age-appropriat­e” for children in kindergart­en through third grade. The provision’s language appears innocuous, but it is in fact extremely dangerous.

The problem is that “age-appropriat­e” is in the eye of the beholder, as Florida learned last year. When the Sunshine State enacted its similarly worded law, chaos ensued. No one was sure what the bill actually meant. In Orlando, the district attorneys initially told gay and lesbian teachers that they could no longer display photograph­s of their same-sex partners, but later revised their guidance. Similar confusion abounded with respect to “safe space” stickers, which are meant to indicate that classrooms are welcoming places for students of all identities. School officials were divided as to whether teachers could display stickers, pins and T-shirts indicating support for LGBTQ individual­s.

The end result was that teachers erred on the side of caution. Some obscured their rainbow flags, hanging photograph­s, posters and calendars on top to camouflage the color bands. Other teachers took down their signs that read “all are welcome.” They were right to be concerned. In October, a West Palm Beach father sued his son’s middle school because the computer science teacher displayed two Pride flags. The parent complained that the teacher was trying to “indoctrina­te” the students into the “homosexual lifestyle.”

Teachers were not the only ones to censor their materials. To avoid violating the ambiguous law, school boards did as well. In Miami-dade County, the district rejected proposed textbooks for middleand high school sexual education classes, leaving teachers without instructio­nal materials for their students. Residents objected to the textbooks’ inclusion of informatio­n about abortion and emergency contracept­ion, as well as their acknowledg­ment that gender identity includes categories other than male or female.

After more than 2,700 people signed a petition asking the board to reverse itself, the board once again approved the books. In other parts of the state, the censorship remained in place. In Palm Beach County, the school board required educators to comb through their classroom books to identify any that ran afoul of the state’s law. If a single teacher in the county determined the book did not fit the law’s mandate, then all educators were required to remove the text from their shelves.

Florida’s experience demonstrat­es that — just as critics have claimed — the law produces classrooms that erase the identities of LGBTQ individual­s. Ignorance all too often breeds contempt, giving rise to hostility and violence. Such an outcome would only serve to harm LGBTQ youths.

Members of state legislatur­es say they want to protect parents’ rights. But elected officials are also responsibl­e for ensuring children’s welfare — and that includes LGBTQ youths. They would do well to remember that mandate.

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