Wave of ‘Educational Gag Order’ Bills Introduced Across U.S.
Over 100 Bills Limiting LGBTQ and Race Talk in U.S. Schools Have Been Introduced This Year
(Bloomberg) -- Efforts to restrict discussion of gender identity and sexuality in schools have increased in state legislatures alongside an aggressive push against the teaching of critical race theory.
More than 100 so-called “educational gag order” bills focused mostly on race but also gender and sexual orientation have been introduced in the first six weeks of 2022, according to a new analysis from PEN America, the free speech advocacy group. Since last year, a total of 155 such bills have been introduced or pre-filed in 38 states, including Florida, Indiana, Kansas and Oklahoma.
Efforts vary from state to state. In Kansas, a bill introduced last week proposes “curriculum transparency” and a “parents’ rights” bill. It also proposes making it a class B misdemeanor for any teacher to use classroom material depicting homosexuality.
A bill in Indiana introduced last month would require schools to consult with parents before inquiring about a student’s preferred pronouns. Another in Arizona would require students to seek parents’ permission before joining any school club “involving sexuality, gender or gender identity.”
Florida’s Senate Education Committee this month passed a bill restricting classroom discussion about sexual orientation or gender identity in primary school, as well as situations that are not “not age-appropriate.” The bill must still be considered by other Senate committees and the Florida House.
White House press secretary Jen Psaki criticized Florida’s bill as an attack on safety and freedom. Eight other states are considering similar legislation dubbed by critics as “Don’t Say Gay” bills.
Twelve bills have become law in 10 states. Of the bills currently live, 104 target K-12 schools, 48 target colleges and 62 include mandatory punishment for violations.
Read More: How Critical Race Theory Became a Political Target
A wave of book bans is also hitting U.S. school and public libraries. The American Library Association last fall reported an “unprecedented” number of book challenges. Many book bans focus on gender and sexuality or LGBTQ+ characters, according to PEN America. The nonprofit group noted a convergence between anti-LGBTQ+ activists and the “anti-Critical Race Theory” movement.
Anti-LGBTQ+ activists had limited success in penetrating public schools, but by using the momentum of anti-Critical Race Theory activists have “a chance to ram through bills that are far more restrictive than anything the public would normally accept,” wrote PEN America in its analysis.
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