States

Which States Are Considering ‘Don’t Say Gay’ Bills and Where They Stand

By Eesha Pendharkar — February 28, 2023 1 min read
42 copycat bills limiting sexual orientation and gender identity education bills have been 22 states have been introduced since 2021, according to PEN America and EdWeek reporting.
  • Save to favorites
  • Print

Over the past three years, legislative attacks on education about gender identity and sexual orientation have picked up momentum.

Since 2021, state lawmakers introduced 42 bills in 22 states restricting education about those topics, according to PEN America, a free speech advocacy organization. Of those 42, only one, in Florida, has become law.

The Florida law, commonly known as the “Don’t Say Gay” law, has resulted in censorship of classroom discussions about LGBTQ identities and same-sex families, book challenges, and on inclusive gestures by teachers, such as hanging up a Pride flag in the classroom.

The law was passed last year, and has prompted copycat bills across the country, which seem to be increasing in volume compared with the previous two years. Since January, lawmakers introduced 26 bills in 14 states.

None of those bills have been passed, but most are advancing through statehouses. Many more states are expected to pass their versions this year, according to Jeremy Young, the senior manager of free expression and education at PEN America.

Most of the newer bills propose expanding on the limitations that Florida put in place.

Ten bills would extend the ban on lessons about sexual orientation and gender identity to grades 5 or 6. Seven bills propose upping the restriction to Grade 8, and another seven would ban this type of instruction completely from K-12, according to a database PEN America updates weekly.

Of the 22 states, seven have Democratic governors, making these bills less to pass. Those include Hawaii, Kentucky, Louisiana, Michigan, New Jersey, North Carolina, and Pennsylvania.

In three of those seven states, these bills have died.

Overall, of the 42 bills, 30 are progressing through statehouses, 11 are dead, and one has been passed into law.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Special Education Webinar
How Early Adopters of Remote Therapy are Improving IEPs
Learn how schools are using remote therapy to improve IEP compliance & scalability while delivering outcomes comparable to onsite providers.
Content provided by Huddle Up
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Teaching Webinar
Cohesive Instruction, Connected Schools: Scale Excellence District-Wide with the Right Technology
Ensure all students receive high-quality instruction with a cohesive educational framework. Learn how to empower teachers and leverage technology.
Content provided by Instructure
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School Climate & Safety Webinar
How to Use Data to Combat Bullying and Enhance School Safety
Join our webinar to learn how data can help identify bullying, implement effective interventions, & foster student well-being.
Content provided by Panorama Education

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

States Some School Workers Now Get Unemployment Over the Summer. Here's How It Works
Districts are scrambling as some states now allow non-instructional school employees to collect summer unemployment checks.
9 min read
Illustration of dollar being used to fill gap in bridge.
DigitalVision Vectors
States Why This State Will Take a Class Requirement Off the Ballot—And Why It Matters
Asking voters to decide on a curriculum issue could set a tricky precedent, experts say.
2 min read
Image of books, money, calculator, and graduation cap.
cnythzl/DigitalVision Vectors
States How States Are Testing the Church-State Divide in Public Schools
A new order to teach the Bible in Oklahoma is the latest action to fuel debate over the presence of religion in schools.
7 min read
Image of a bible sitting on top of a school backpack.
Canva
States The Surprising Contenders for State Superintendent Offices This Year
Two elections for the top education leadership job feature candidates who have never worked in public schools.
8 min read
North Dakota Superintendent of Public Instruction Kirsten Baesler announces the gathering of a task force to look into future options the state has for the assessment of students during a press conference May 8, 2015, at the state Capitol in Bismarck, N.D.
North Dakota Superintendent of Public Instruction Kirsten Baesler announces the gathering of a task force to look into future options for student assessment during a press conference May 8, 2015, in Bismarck, N.D. Baesler, the nation's longest-serving state schools chief, is running for a fourth term, facing opponents with no experience serving in public schools.
Mike McCleary/The Bismarck Tribune via AP