Gay rights advocates sued Florida Governor Ron DeSantis on Thursday for passing a new law that bans sex and gender identity education from kindergarten through third grade.
The law has catapulted Florida and DeSantis — a likely 2024 Republican presidential candidate — to the forefront of the country’s culture wars. Critics call it the “Don’t Say Gay” law and argue that its true intent is to marginalize LGBTQ people and their families.
The challenge filed in federal court in Tallahassee by the National Center for Lesbian Rights on behalf of Equality Florida and Family Equality alleges that the law violates the First Amendment — which guarantees free speech — and other provisions of the U.S. Constitution. .
The law states that “classroom instruction by school personnel or others about sexual orientation or gender identity may not occur in kindergarten through third grade or in a manner that is inappropriate for the age or student development in accordance with state standards. Parents could sue school districts for breaking the law.
DeSantis and other Republicans say the law is reasonable and that children should learn about sexual orientation and gender identity from their parents, not in schools.
“We will make sure that parents can send their children to school for education, not indoctrination,” the governor said when he signed the law into law this week.
Many critics say the language of the law—particularly the phrases “classroom instruction” and “age-appropriate”—could be interpreted so broadly that discussion at any grade level could trigger lawsuits, creating an atmosphere in the classroom where teachers would avoid topics altogether.
The lawsuit filed Thursday says the law is unconstitutionally vague and discriminatory and violates First Amendment rights to free speech.