US education secretary warns Florida must follow civil rights law after passage of ‘hateful’ ‘Don’t Say Gay’ bill

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US Secretary of Education Miguel Cardona has condemned a Florida bill that opponents warn will have a chilling effect on LGBT+ students and families as well as classroom lessons on LGBT+ people and events.

In a statement following the Republican-controlled state legislature’s passage of what critics have called the “Don’t Say Gay” bill on 8 March, Mr Cardona warned the state that it must follow federal civil rights law, including provisions that bar discrimination based on sexual orientation and gender identity.

The bill, set to be signed into law by GOP Governor Ron DeSantis, prohibits classroom instruction on sexual orientation and gender identity in kindergarten through third grade classrooms and any such discussion “that is not age-appropriate or developmentally appropriate for students” in other grades.

The bill does not define the terms “age appropriate” or “developmentally appropriate.”

Last year, Joe Biden’s administration clarified that Title IX provisions – federal civil rights protections against sex-based discrimination in federally funded schools – also extend to the rights of LGBT+ students.

“Parents across the country are looking to national, state, and district leaders to support our nation’s students, help them recover from the pandemic, and provide them the academic and mental health support they need,” he said. “Instead, leaders in Florida are prioritizing hateful bills that hurt some of the students most in need.”

Legal experts contend that the bill – among a wave of GOP-led proposals and laws aimed at LGBT+ children – could run afoul of federal civil rights protections in Title IX and the 14th Amendment, which guarantees equal protections under the law.

“I want every member of the LGBTQI+ community – especially the kids who will be impacted by this hateful bill – to know that you are loved and accepted just as you are,” the president said in a statement on Twitter last month. “I have your back, and my Administration will continue to fight for the protections and safety you deserve.”

On Tuesday, Mr Cardona said that “the Department of Education has made clear that all schools receiving federal funding must follow federal civil rights law, including Title IX’s protections against discrimination based on sexual orientation and gender identity.”

“We stand with our LGBTQ+ students in Florida and across the country, and urge Florida leaders to make sure all their students are protected and supported,” he said.

White House press secretary Jen Psaki also told reporters on Tuesday that “the steps we’ve seen in Texas and Florida are deeply concerning, and are discriminating against the kinds of kids we need to be loving and supporting,” pointing to a directive from Texas Governor Greg Abbott to criminalise gender-affirming healthcare for transgender children.

She directed reporters to the US Department of Justice for questions regarding potential legal actions against Florida’s latest measure.

“But I would just note that the president, the secretary of education, many members of the administration have spoken out about the discriminatory nature of these bills and our deep concerns about the message they’re sending to LGBTQ kids and families,” she said.

The Independent has requested comment from the Justice Department.