States

Which States Are Considering ‘Don’t Say Gay’ Bills and Where They Stand

By Eesha Pendharkar — February 28, 2023 1 min read
42 copycat bills limiting sexual orientation and gender identity education bills have been 22 states have been introduced since 2021, according to PEN America and EdWeek reporting.
  • Save to favorites
  • Print

Over the past three years, legislative attacks on education about gender identity and sexual orientation have picked up momentum.

Since 2021, state lawmakers introduced 42 bills in 22 states restricting education about those topics, according to PEN America, a free speech advocacy organization. Of those 42, only one, in Florida, has become law.

The Florida law, commonly known as the “Don’t Say Gay” law, has resulted in censorship of classroom discussions about LGBTQ identities and same-sex families, book challenges, and on inclusive gestures by teachers, such as hanging up a Pride flag in the classroom.

The law was passed last year, and has prompted copycat bills across the country, which seem to be increasing in volume compared with the previous two years. Since January, lawmakers introduced 26 bills in 14 states.

None of those bills have been passed, but most are advancing through statehouses. Many more states are expected to pass their versions this year, according to Jeremy Young, the senior manager of free expression and education at PEN America.

Most of the newer bills propose expanding on the limitations that Florida put in place.

Ten bills would extend the ban on lessons about sexual orientation and gender identity to grades 5 or 6. Seven bills propose upping the restriction to Grade 8, and another seven would ban this type of instruction completely from K-12, according to a database PEN America updates weekly.

Of the 22 states, seven have Democratic governors, making these bills less to pass. Those include Hawaii, Kentucky, Louisiana, Michigan, New Jersey, North Carolina, and Pennsylvania.

In three of those seven states, these bills have died.

Overall, of the 42 bills, 30 are progressing through statehouses, 11 are dead, and one has been passed into law.

Events

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

States The Nation's Largest State Strips Most Power From Elected Schools Superintendent
The state superintendent's authority will transfer to an appointee of the governor starting next year.
Howard Blume, Los Angeles Times
5 min read
California Gov. Gavin Newsom, gives his last May revise in the Swing Space on Thursday, May 14, 2026 , in Sacramento, Calif.
California Gov. Gavin Newsom speaks in Sacramento, Calif., on May 14, 2026. Newsom and legislative leaders pushed for a policy passed as part of the state budget that will scale back the authority of the elected state superintendent.
Hector Amezcua/The Sacramento Bee via TNS
States Anti-DEI Efforts Reshape How States Serve English Learners
A new research study shed light on how anti-DEI policies affect English-learner education.
5 min read
Katherine Alfaro works with students at Russellville Elementary School, in Russellville, Ala., Aug. 9, 2022. Alfaro is an aide for English Language Learner students, many of whom speak Spanish at home. Russellville schools have the highest percentage of English Language Learners of any district in the state, and officials there have invested in aides and teachers who know how to work with those students.
Katherine Alfaro works with students at Russellville Elementary School, in Russellville, Ala., Aug. 9, 2022. Alfaro is an aide for English learners, many of whom speak Spanish at home. English-learner education is not immune to anti-DEI policies and politics, according to a new research study.
Rebecca Griesbach/AL.com via AP
States A State Puts Property-Tax Cuts on the Ballot This Fall—But Shields Schools
Florida lawmakers turned down a more sweeping property-tax reduction plan, leaving school taxes alone.
3 min read
A waterfront home, photographed on Tuesday, May 5, 2026, in Fort Lauderdale, Fla. Governor DeSantis has pushed property-tax reform for over a year. “The property tax has become a big, big burden for millions of people in this state,” he said on June 1 in highlighting his proposal, which would expand the homestead exemption for property taxes from the current $25,000 to $150,000 in 2027 and $250,000 in 2028.
A waterfront home in Fort Lauderdale, Fla., photographed on Tuesday, May 5, 2026. Gov. Ron DeSantis called a special legislative session this month to consider a major property-tax reduction measure. Lawmakers scaled it back to shield property taxes that make up almost half of school budgets statewide.
Phelan M. Ebenhack via AP
States Texas Considers a Bigger Role for Christianity in Schools This Month. Here's How
The state board will vote on a required reading list that includes biblical passages.
Silas Allen, The Dallas Morning News
7 min read
The State Board of Education meeting room is pictured on Sept. 26, 2022 inside the William B Travis Building (which houses the Texas Education Agency) in downtown Austin, Texas .
The Texas State Board of Education meeting room is pictured on Sept. 26, 2022, inside the William B. Travis Building in downtown Austin, Texas. The board will vote later this month on revised standards and a required reading list that include biblical passages.
Tom Fox/The Dallas Morning News via TNS