A bill to tighten restrictions on discussions of “gender identity or sexual orientation” in public schools is moving through the Alabama Legislature, passing the House on Tuesday representatives.
Current law states that classrooms in kindergarten through fifth grade “shall not engage in classroom discussions or provide classroom instruction regarding sexual orientation or gender identity in a manner that is not age or developmentally appropriate according to state standards.”
The bill would extend this restriction to eighth grade and ban flags symbolizing sexual orientations or gender identities in K-12 schools.
In this undated photo, a student raises her hand in class.
STOCK PHOTO/Getty Images
Gender identity, as defined by the Centers for Disease Control and Prevention, is “an individual’s sense of themselves as male, female, transgender, or something else.”
Sexual orientation refers to “a person’s sexual and emotional attraction to another person and the behavior and/or social affiliation that may result from this attraction,” according to the CDC.
State Rep. Mack Butler, the bill’s sponsor, said at a hearing in March that the bill was a response to “some indoctrination going on.” He said the bill sought to “purify schools.”
A person holds a sign reading “Trans People Belong to Alabama” during a rally outside the Alabama statehouse in Montgomery, Alabama, on International Transgender Day of Visibility , March 31, 2023.
Kim Chandler/AP, FILE
“It’s a component of Marxism where we — you know — destroy the family and teach some of these things,” Butler said. “Let’s let this happen somewhere other than our schools.”
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Critics say the restrictions, dubbed “Don’t Say Gay,” could broadly restrict conversations about gender and sexuality, including non-LGBTQ and LGBTQ identities.
They also argue that the bill violates students’ and teachers’ First Amendment rights and could silence LGBTQ students and teachers in classrooms.
“If HB130 passes, it will rid classrooms and students across the state of Alabama of the inclusive discussions that are essential at all stages of life,” the ACLU of Alabama said in a statement against the legislation.
A similar law in Florida sparked controversy over its restrictions and inspired nearly identical policies across the country. However, a settlement was reached in a lawsuit against the legislation.
A judge has ruled that students and educators can discuss or write about LGBTQ topics in their work, as long as those conversations are not part of the formal curriculum, with both sides of the debate calling the ruling a victory.
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