On Friday, Feb. 18, Florida state Rep. Joe Harding filed an amendment to the already notorious “Don't Say Gay” bill (House Bill 1557) that would require schools to tell parents or guardians about their minor’s sexual orientation or gender identity within six weeks of becoming aware of it. This could include, for example, a student going to a teacher for advice or support.
For obvious reasons, this would be incredibly dangerous, unethical, and frankly, cruel. No one should be outed against their will; especially not minors who rely on their parents for literal safety and housing. While the entire bill is still a mess (and a national embarrassment), a glimmer of good news comes to us as of Tuesday, Feb. 22, has Harding has now withdrawn the “outing” amendment, as reported by local outlet WESH.
The bill would prevent educators from discussing sexual orientation or gender identity in primary schools. If schools were found doing so anyway, parents would be able to take legal action against the school district. The amendment would have forced schools to out students even if they were at risk for abuse, neglect, or abandonment from their families, as reported by local outlet WFLA.
As some background, when the bill was originally filed back in January, it already necessitated schools to out students to their parents if the student told school personnel (like a teacher or counselor) about their LGBTQ+ identity. That legislation offered an exemption if the school had reason to believe telling parents could result in abandonment, neglect, or abuse.
But the amendment (which has now been withdrawn) would have removed that exemption, instead mandating the outing and suggesting that schools could implement a protocol on how to tell parents through an “open dialogue” in a “safe, supportive, and judgment-free environment.” How this would shake out wasn’t specified in the bill.
As anyone who has ever experienced abuse or neglect knows, once that “supportive” meeting was over, that vulnerable youth could experience emotional or physical violence within moments of getting home. Outing marginalized youth is controlling, mean-spirited, and, to be honest, an act of violence in itself. If Republicans really want to foster a “safe” and “judgment-free” space, they can let LGBTQ+ youth be themselves and get support and guidance from adults in school without worrying about their parents finding out.
We know LGBTQ+ youth—and especially trans youth—are unhoused in higher numbers than their cisgender, heterosexual peers. We also know queer youth are more likely to live with mental health struggles, like depression and anxiety, and are more likely to experience harassment and bullying at school. The absolute last thing they need is to be outed to parents against their will.
“We do know that among suicide rates with young people is already too high but it’s much higher with those who identify with LGBTQ+,” said Democratic Rep. Anna Eskamani when the amendment was being considered. “So this is a scary and dangerous amendment.” She added that it makes a bill that was “already terrible even worse.”
Eskamani introduced another amendment to the bill, which would let students sue the Florida Department of Education for “irreparable harm” as a result of the forced outing of their sexual orientation or gender identity. Students would be able to sue for attorney fees and damages.
As reported by The Independent, Florida Democratic Rep. Debbie Wasserman Schultz said lawmakers considering this legislation must face “an all-but-certain reality: If this ‘Don’t Say Gay’ bill becomes law, its isolating impacts will ensure that even more vulnerable LGBTQ+ children will suffer, and some will die.”
Sadly, but not surprisingly, Republican Gov. Ron DeSantis has already signaled support for the bill.