Biden Administration ‘Monitoring’ Florida ‘Don’t Say Gay’ Bill for Civil Rights Violations

Many LGBTQ folks knew ahead of time that Florida’s “Don’t Say Gay” bill was likely to be signed into law, and sure enough, Governor Ron DeSantis did just that on Monday. Now, the Biden administration has indicated it is monitoring the state for potential federal civil rights violations.

“By signing this bill, Governor DeSantis has chosen to target some of Florida’s most vulnerable students and families, all while under the guise of ‘parents’ rights,’” Secretary of Education Miguel Cardona says in a statement. “Make no mistake: This is a part of a disturbing and dangerous trend across the country of legislation targeting LGBTQI+ students, educators, and individuals.”

HB 1557, the Parental Rights in Education bill, was retitled the “Don’t Say Gay” bill by critics because it prohibits educators from discussing gender identity and sexual orientation in primary grade levels or “in a matter that is not age-appropriate or developmentally appropriate for students.” The bill fails to mention the specific definition of “age-appropriate” content or any mention of support or alternative actions for LGBTQ students who are in need of education, resources, and representation.

Advocates have argued the bill will increase stigma against LGBTQ kids and those with LGBTQ family members, also that certain parts of the bill will require schools to out LGBTQ students to their parents.

“This comes at a time when we know lesbian, gay, bisexual, and questioning students are three to four times more likely than non-LGBTQI+ students to report experiencing persistent feelings of sadness, hopelessness, and even self harm—not because of who they are but because of the hostility directed at them,” Cardona says.

President Biden himself called it a “hateful bill.” Biden signed an executive order banning anti-LGBTQ discrimination in education last year, and Cardona says that this bill could encourage negative treatment toward LGBTQ students and violate federal civil rights law.

“Instead of telling some students or families it’s not OK to be who they are, our department is fighting for dignity and opportunity for every student and family,” Cardona says, adding that the administration will monitor the law upon implementation “to evaluate whether it violates federal civil rights law.”

He continues, “As always, any student who believes they are experiencing discrimination, including harassment, at school or any parent who is concerned that about their child experiencing discrimination can file a complaint with our Office for Civil Rights.”