(Screenshot from Twitter)
Tulsi Gabbard, a former Democratic presidential candidate who has turned into an ally of the conservative movement, has come out in defense the “Don’t Say Gay” law recently signed by Gov. Ron DeSantis in Florida, essentially flip-flopping after having apologized for her anti-LGBTQ past.
Gabbard, who has recently invoked the ire of both the right and the left by downplaying the invasion of Ukraine by Russia, said she supports the “Don’t Say Gay” measure in a video posted to Twitter on Monday.
“When I first heard about Florida’s Parental Rights bill, I was shocked it only protects children K-3,” Gabbard said. “Third grade? How about 12th grade — or not at all. Meanwhile, schools are failing: 1 in 4 graduates are functionally illiterate. Parents should raise their kids, not the government.”
When I first heard about Florida’s Parental Rights bill, I was shocked it only protects children K-3. Third grade? How about 12th grade—or not at all. Meanwhile, schools are failing: 1 in 4 graduates are functionally illiterate. Parents should raise their kids, not the government pic.twitter.com/CycF8cKRh3
— Tulsi Gabbard 🌺 (@TulsiGabbard) April 4, 2022
Under the “Don’t Say Gay” bill, schools for children in kindergarten through grade 3 may not engage in “instruction” about sexual orientation and gender identity, or generally throughout the education system “in a manner that is not age-appropriate or developmentally appropriate for students.” Although the new law allows for internal review and resolution if a parent brings a complaint against the school for violating the measure, the “Don’t Say Gay” bill also empowers a parent of a student who feels the law was violated to “bring an action against a school district” in court to seek damages.
Gabbard as a 2020 presidential candidate apologized for her anti-LGBTQ past before she became a member of Congress. Among other things, Gabbard vehemently opposed civil unions when they were before the legislature in Hawaii, calling supporters of same-sex marriage “homosexual extremists.”
Although as a Democratic lawmaker in the U.S. House she was a reliable supporter of LGBTQ rights, then changed toward the end of her tenure, when she declined to sign a legal brief before the Supreme Court in favor of LGBTQ rights and introduced legislation that would have banned transgender youth from participating in schools sports consistent with their gender identity.
Proponents of the “Don’t Say Gay” bill, including Gabbard, have defended the measure by suggesting it simply prohibits sex education for K-3 children or would only prohibit school curriculum on sexual orientation or gender identity, but there’s no limiting principle in the measure restricting its reach. In fact, Republican lawmakers during the legislative process for the measure rejected an amendment proposed by Democrats that would enumerate the prohibition in the bill was limited to discussion on “sexual activity.”
The first lawsuit against the “Don’t Say Gay” measure, filed in federal court by the New York-based law firm Kaplan Hecker & Fink LLP last week, contends the vagueness of the measure prohibits discussion of LGBTQ issues, or LGBTQ parents and teachers from disclosing their sexual identities, in nearly endless possible ways.
“Can students ask— and teachers answer—questions about historical events involving LGBTQ people?” the complaint says. “Would H.B. 1557 ban a teacher from discussing gay-rights’ decisions, like Bostock v. Clayton County, 140 S. Ct. 1731 (2020), where the Court held that LGBTQ persons cannot be discriminated against in employment? If a student writes a paper in which they discuss their gender identity or sexual orientation — and relate it to their argument — could a teacher not grade it? If the teacher did grade it, would they be prohibited from commenting on any aspect of the paper or discussing it with the student, thus leaving LGBTQ students at a systematic educational disadvantage?”
