Can one person’s freedom lie in the suppression of another person’s freedom? In recent years, the movement to protect and defend the rights of the LGBTQ+ community has seen a significant boost. However, it has seen a plethora of challenges as well. One of these challenges presents itself in the form of the Florida Parental Rights in Education Act, which has been deemed an intrusion upon LGBTQ+ rights (Kline et al., 2022). The Act prohibits the discussion of gender identity and sexual orientation in grades K-3, which has led several parents to file lawsuits against schools that have to abide by the Act. The parents claim that the Act goes against the First Amendment, infringing upon freedom of speech (Leonard, 2022). In the age of widely open political debates and the spread of various types of information, the idea of freedom becomes increasingly muddled by different rhetoric and agendas.
Florida Senate passed the Florida Parental Rights in Education Act (also known as the Don’t Say Gay Act) in March of 2022. As the proponents of the Act state, it aims to prohibit school districts from making critical decisions regarding the children’s mental health and emotional state without parents’ permission (Leonard, 2022). Those, who support the Act, claim that this measure would prevent the use of sexually explicit and age-inappropriate content in schools. In addition, it is highly beneficial to have parents be involved in the education process as its positive outcomes include better grades and attitudes towards school (Ornstein et al., 2017). It is logical to have parents influence discussions that take place in the classroom as well.
On the other hand, there are claims that, in actuality, the Act aims to impede the freedom of speech of LGBTQ+ community members. Indeed, the restrictions lie not only within not allowing the introduction of explicit materials to children aged three to five. More specifically, it prohibits the discussion of gender identity and sexuality, which, in turn, prevents children from stating their gender inclinations, preferences, or family situation. For example, a child of same-sex parents or with queer family members is not allowed to mention them in school. Therefore, the Act creates a clash between two freedoms: the freedom to educate one’s child to the parents’ liking and the freedom of speech and expression. Furthermore, this places the freedom of those who believe gender identity and sexuality discussion to be detrimental to a child’s development above the freedoms of those who do not. Naturally, this clash leads to legal problems for the school districts. On the one hand, they could face repercussions for not abiding by the Act. On the other hand, dissatisfied parents can file lawsuits on the grounds of freedom of speech infringement.
In conclusion, the question of freedom of speech is a serious topic that can be approached from various angles. Florida Parental Rights in Education Act creates one such example. In order to avoid the negative consequences that the clash of two agendas can generate, the school board can devise a policy to consider the parents’ input on the subject. The school can hold a meeting where the parents can discuss their preferences regarding gender identity and sexual orientation discussions and how to define age-appropriate topics. In addition, the parents should be warned that preventing children from speaking out on these matters infringes upon the freedom of speech right.
References
Kline, N. S., Griner, S. B., Neelamegam, M., Webb, N. J., Morales, J. J., & Rhodes, S. D. (2022). Responding to “Don’t Say Gay” laws in the US: Research priorities and considerations for health equity. Sexuality Research and Social Policy, 1–6.
Leonard, A. S. (2022). US district court tosses constitutional & title IX challenge to Florida ‘Don’t Say Gay” provision on standing grounds. LGBT Law Notes, 13–14.
Ornstein, A. C., Levine, D. U., Gutek, G. L., & Vocke, D. E. (2017). Foundation of education. (3rd edition ed.). Cengage Learning.