Justice  /  Antecedent

‘Don’t Say Gay’ Bills Aren’t New. They’ve Just Been Revived.

At least 20 states have introduced “Don’t Say Gay” laws this year. But in a handful of states, versions of the legislation have existed for decades.

Earlier this month, Alabama Gov. Kay Ivey signed into law House Bill 322, colloquially dubbed the “Don’t Say Gay” bill, restricting public school teachers from discussing LGBTQ+ history or people in public elementary schools.  

It stood out for two reasons: Alabama was just the second state to pass such a law in 21 years, after Florida passed a similar measure in March. But more significantly, Ivey had just signed a repeal of a similar law the previous year. 

At least 20 states have introduced “Don’t Say Gay” laws this year, which have made waves around the country. But in a handful of states, versions of the legislation have existed for decades.

Since 1992, Alabama’s education code stipulated that teachers emphasize “in a factual manner and from a public health perspective, that homosexuality is not a lifestyle acceptable to the general public and that homosexual conduct is a criminal offense under the laws of the state.”

Ivey did not issue public statements when she signed the repeal, which was first passed by the legislature, but her signature seemed in step with the times. A year ago, “Don’t Say Gay” laws that had passed in the 1980s were considered archaic, LGBTQ+ advocates said, with many of them repealed over the years. After marriage equality became the law of the land in 2015, seven states passed laws mandating that curriculums include LGBTQ+ history and life. 

Republican lawmakers say the new spate of curriculum bills allow parents to decide what their children learn about sexuality at a young age; Florida’s new law bars discussions of sexual orientation or gender identity until after third grade, at which point parents must be notified if their kids might learn about LGBTQ+ issues. But this year, as 15 states now have anti-trans sports bans on the books, LGBTQ+ advocates say Republican lawmakers are aiming to one-up each other for political gain. 

“Republicans have to put a conservative point on the board, notch their anti-LGBT credentials, and say, ‘Look, I really campaigned on this.’ Or, ‘I really went to the mat for this anti-LGBT policy,’” said Adam Polaski, communications director for the Campaign for Southern Equality. “Unfortunately, opponents of LGBT equality have often taken their fight to the schools.”

Texas lawmakers have expressed interest in pursuing a “Don’t Say Gay” bill like Florida’s and Alabama’s, even though the state has had a similar regulation on the books since 1991. In Texas, the state code still stipulates that educational materials for people under the age of 18 “state that homosexual conduct is not an acceptable lifestyle and is a criminal offense.”