MIAMI, FL – A settlement has been reached in a lawsuit challenging the constitutionality of Florida’s Parental Rights in Education law, also known as the “Don’t Say Gay” law. The plaintiffs argued that the law aimed to silence conversations about the LGBTQ+ community in schools. Governor Ron DeSantis signed the law in March 2022, which initially restricted classroom instruction on gender identity and sexual orientation in kindergarten through third grade, and later expanded the prohibition through high schools.
The supporters of the law, including DeSantis, maintained that their goal was to eliminate what they called “gender ideology,” but did not provide clear definitions or guidelines for what was allowed in classrooms. Critics argued that this lack of clarity had a chilling effect, leading teachers to avoid discussing LGBTQ+ topics, removing relevant books from shelves, and withdrawing support for LGBTQ+ students.
The settlement, announced by lawyers for the plaintiffs, aims to address these concerns and clarify the law’s provisions. As part of the deal, the Florida Department of Education will distribute a memorandum to all school districts explaining that the law does not prohibit classroom references to LGBTQ+ people, families, or issues. It also emphasizes that teachers can still provide lessons on stopping bullying based on gender or sexual orientation and that safe space stickers associated with LGBTQ+ protections are not required to be removed.
The settlement also makes it clear that the law does not apply to non-school personnel, such as parents, family members, or guest speakers who are not discussing sexual orientation or gender identity. It does not restrict student clubs like the Gay-Straight Alliance, book fairs featuring LGBTQ+ characters, student performances with LGBTQ+ references, or students wearing clothing that does not conform to perceived gender identity.
Plaintiffs Amy Morrison and Cecile Houry, a same-sex couple from Miami-Dade County, expressed their satisfaction with the settlement. They believe that the clarified guidelines will immediately impact their children’s schools, ensuring a more inclusive and accepting environment. However, they acknowledge that changing attitudes may take time and that remnants of discrimination may persist despite the law.
The settlement comes after the plaintiffs had appealed previous court rulings that dismissed their case due to lack of standing. Continuing with the litigation could have taken years to reach a resolution. Morrison and Houry hope that the public understands the importance of the settlement and the positive impact it can have on students’ experiences. They are relieved that the law now provides clear boundaries, allowing their children to express themselves without fear.