Efforts to block LGBTQ+ issues in schools are finally backfiring, new report says

State-level legislation and executive orders this year shifted from censoring racial issues in classrooms and instead focused on censoring LGBTQ+ issues, according to a new report from PEN America. At the same time, this significant shift also created an increased resistance to these unpopular laws and policies.

The free-expression nonprofit PEN America has been tracking what it describes as “educational gag orders” since 2021. While such bills introduced in 2021 and 2022 focused on limiting how issues of race and racism could be taught in classrooms, in 2023, conservative lawmakers and advocates turned their attention to banning discussions of sexual orientation and gender identity in K–12 classrooms.

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“It appears that America’s would-be censors now see proposals to restrict conversations about sexual orientation and gender identity as more of a winning political issue than efforts to restrict discussions of race and racism,” the report stated. “Leveraging that presumed support, [conservatives] have attempted to enact sweeping restrictions on what school-age children can read and learn.”

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PEN America documented 110 state-level bills introduced during the 2023 legislative sessions that it defined as educational gag orders. Only 10 became law, while four other restrictions on education were imposed via executive orders or state or system regulations. Of those 110 bills, 39 specifically targeted how public school teachers could discuss LGBTQ+ issues (five of those also applied to private schools).

According to the report, about three-quarters of those anti-LGBTQ+ bills were modeled on Florida’s infamous “Parental Rights in Education Act,” commonly known as the “Don’t Say Gay” law.

These restrictions resulted not only in the marginalization of LGBTQ+ students and students with LGBTQ+ family members, they have also had a devastating impact on public education more broadly, forcing teachers to self-censor and contributing to teacher shortages across the country, the report added.

“If teachers are afraid to make any mention of race or LGBTQ+ identities in the classroom, if they are afraid to answer student questions, if quality educators are leaving and cannot be replaced, students are the ones who suffer most,” PEN America’s report stated.

While efforts to impose educational censorship are expected to continue into 2024, the report also offers reason for hope in the form of increased resistance to such legislation. According to PEN America, at least 13 different lawsuits challenging educational gag orders are currently pending, and political resistance has also grown.

“Over the last three years — and especially in the past twelve months — an increasing number of national groups have begun dedicating significant resources to combat educational censorship,” according to the report. “Simultaneously, a network of state-centric groups — many of them founded by parents, community members, and educators themselves — has emerged to take the fight directly to the local school board or state legislature.”

As PEN America notes, growing public opposition to educational censorship targeting issues of race and LGBTQ+ identity could ultimately make such legislation less attractive to conservative lawmakers.