Advance Notice: Briefs

Nessel joins coalition of AGs opposing Florida’s ‘Don’t Say Gay’ law

By: - August 10, 2022 2:05 pm

Susan J. Demas

Michigan Attorney General Dana Nessel has joined a coalition of 16 attorneys general from across the country in filing an amicus brief opposing Florida’s “Parental Rights in Education Act,” otherwise known as the “Don’t Say Gay” law.

Nessel, a Democrat who is Michigan’s first openly gay top statewide official, says that the law, which prevents classroom discussion of sexual orientation or gender identity, poses a serious threat to LGBTQ+ students who she says are particularly vulnerable to discrimination.  

Attorney General Dana Nessel at the Mackinac Policy Conference, June 1, 2022 | Allison R. Donahue

“This bill is an affront not just to educators, but also to LGBTQ+ students, especially those who may already be experiencing the stigmatizing effect of their identity at school,” Nessel said. “This bill is not motivated by the desire to limit inappropriate content in classrooms. It is meant to have a chilling effect on how educators do their jobs and may also violate the First Amendment rights of students and teachers alike. I gladly join my colleagues on this brief and hope it discourages other states, including Michigan, from considering similar legislation.” 

The law is being challenged in federal district court by a group of students, parents, teachers and organizations seeking to prevent its enforcement by alleging that it violates, among other things, the Equal Protection Clause and the First Amendment.  

The law entirely bans “classroom instruction” on sexual orientation or gender identity in kindergarten through Grade 3 while also requiring the state education agency write new classroom instructions for standards that must be followed by grades four through 12. 

Opponents say that because the law does not define many of its key terms, like “classroom instruction,” it is forcing Florida teachers to censor themselves out of fear of prosecution. That fear is further compounded by the fact that the law also allows a parent to bring a civil claim against a school district to enforce its prohibitions.  

There are two main points in the brief.

“Florida’s law is extreme,” it states. “Although Florida claims the Act is intended to protect children and preserve parental choice, the attorneys general have curricula in place that allow for age-appropriate discussion of LGBTQ+ issues while respecting parental views on the topic.”

“The law is causing significant harms to students, parents, teachers, and other states,” claims the brief. “Non-inclusive educational environments have severe negative health impacts on LGBTQ+ students, resulting in increased rates of mental health disorders and suicide attempts. These harms extend to youth not just in Florida, but throughout the country.”

Nessel is joining the amicus brief alongside Attorneys General from New Jersey, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New York and Oregon.

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Jon King
Jon King

Jon King has been a journalist for more than 35 years. He is the Past President of the Michigan Associated Press Media Editors Association and has been recognized for excellence numerous times, most recently in 2021 with the Best Investigative Story by the Michigan Association of Broadcasters. He is also an adjunct faculty member at Cleary University. Jon and his family live in Howell, where he also serves on the Board of Directors for the Livingston Diversity Council.

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