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Florida lawmakers send 'Don't Say Gay' bill to Gov. DeSantis

TALLAHASSEE, Fla. (AP) 鈥 Florida lawmakers on Tuesday passed a bill to forbid instruction on sexual orientation and gender identity in kindergarten through third grade, rejecting a wave of criticism from Democrats that it marginalizes LGBTQ people.
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Florida Senators Kathleen Passidomo, left, and Audrey Gibson talk during a legislative session at the Florida State Capitol, Tuesday, March 8, 2022, in Tallahassee, Fla. (AP Photo/Wilfredo Lee)

TALLAHASSEE, Fla. (AP) 鈥 Florida lawmakers on Tuesday passed a bill to forbid instruction on sexual orientation and gender identity in kindergarten through third grade, rejecting a wave of criticism from Democrats that it marginalizes LGBTQ people.

The proposal, which opponents have dubbed the , now moves to the desk of Republican Gov. Ron DeSantis, who is expected to sign it into law.

Since its inception, the measure has drawn intense opposition from LGBTQ advocates, students, national Democrats, the White House and the entertainment industry, amid increased attention on Florida as Republicans push culture war legislation and DeSantis ascends in the GOP as a potential 2024 presidential candidate.

鈥淲hat we really need to be doing is teaching tolerance, caring, loving, anti-discrimination, anti-bigotry. Tell me how this bill does that. Tell me how this bill is helping us create kind, giving, tolerate adults. I don't see it. I see it as exactly the opposite,鈥 said Sen. Tina Polsky, a Democrat.

The bill states: 鈥淐lassroom 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 or developmentally appropriate for students in accordance with state standards.鈥 Parents would be able to sue districts over violations.

Republican Rep. Joe Harding, who sponsored the measure, and other GOP lawmakers in Florida have argued that parents should be broaching these subjects with their children, rather than educators. It would not bar spontaneous discussions of sexual orientation and gender identity in schools but instead is intended to prevent districts from integrating the subjects into official curriculum, Harding and supporters have said.

鈥淚 know how important it is to empower parents in this relationship. I want to encourage parents across Florida to own it,鈥 said Sen. Dennis Baxley, a Republican who carried the bill in the Senate. 鈥淭hey鈥檙e your kids, and it is tough 鈥 it鈥檚 tough to figure out what influences will be on them and what kinds of decisions they will make and how that all comes out.鈥

Democrats have often said the bill鈥檚 language, particularly the phrases 鈥渃lassroom instruction鈥 and 鈥渁ge appropriate,鈥 could be interpreted broadly enough that discussion in any grade could trigger lawsuits from parents and therefore could create a classroom atmosphere where teachers would avoid the subjects.

Statewide, the bill has sparked a swell of protests and student walkouts. Dozens of students and advocates flooded committee rooms during the proposal鈥檚 early stages and then packed into the halls of the legislature as it moved toward final passage, often with chants of 鈥淲e say gay!鈥

鈥淲e have failed as a legislature if hundreds of kids stand outside screaming for their rights and you can't explain to fifth graders and sixth graders and eighth graders simple definitions of your bill. You've failed,鈥 said Sen. Jason Pizzo, a Democrat.

In the bill鈥檚 early stages, Harding filed an amendment that would have effectively required a school to inform parents if a student came out as LGBTQ to a teacher, renewing widespread condemnation of the measure. Harding withdrew the amendment as it picked up attention in media and online.

鈥淣othing in the amendment was about outing a student. Rather than battle misinformation related to the amendment, I decided to focus on the primary bill that empowers parents to be engaged in their children鈥檚 lives,鈥 Harding said in a statement.

DeSantis has chafed at calling the proposal the 鈥淒on鈥檛 Say Gay鈥 bill because he said the bill would apply to instruction on any gender identity or sexual orientation. He said it was inappropriate for teachers to discuss those issues with children in kindergarten through third grade.

鈥淲e鈥檙e going to make sure that parents are able to send their kid to kindergarten without some of this stuff injected into their school curriculum,鈥 the governor said Monday.

Anthony Izaguirre , The Associated Press