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

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Harnessing AI to Address Chronic Absenteeism in Schools
Learn how AI can help your district improve student attendance and boost academic outcomes.
Content provided by Panorama Education
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Science Webinar
Spark Minds, Reignite Students & Teachers: STEM’s Role in Supporting Presence and Engagement
Is your district struggling with chronic absenteeism? Discover how STEM can reignite students' and teachers' passion for learning.
Content provided by Project Lead The Way
Recruitment & Retention Webinar EdRecruiter 2025 Survey Results: The Outlook for Recruitment and Retention
See exclusive findings from EdWeek’s nationwide survey of K-12 job seekers and district HR professionals on recruitment, retention, and job satisfaction. 

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 Which States Require the Most—and Least—Instructional Time? Find Out
There's no national policy dictating how much time students must attend classes each year. That leads to wide variation by state.
2 min read
Image of someone working on a calendar.
Chainarong Prasertthai/iStock/Getty
States More States Are Testing the Limits Around Religion in Public Schools
A wave of state policies mixing public education and religion are challenging the church-state divide in public schools.
4 min read
An empty classroom is shown at A.G. Hilliard Elementary School on Sept. 2, 2017, in Houston.
An empty classroom is shown at A.G. Hilliard Elementary School on Sept. 2, 2017, in Houston. Texas's state school board has approved a curriculum with Bible-infused lessons, the latest of a wave of state policies challenging the church-state divide in schools.
David J. Phillip/AP
States A State Changed Anti-Bias Guidelines for Teachers After a Lawsuit. Will Others?
The lawsuit filed by a conservative law firm took issue with state guidelines on examining biases and diversifying curriculum.
5 min read
Students arrive for classes at Taylor Allderdice High School in the Squirrel Hill neighborhood of Pittsburgh on Jan. 23, 2024.
Students arrive for classes at Taylor Allderdice High School in the Squirrel Hill neighborhood of Pittsburgh on Jan. 23, 2024. As part of a recent court settlement, Pennsylvania will no longer require school districts to follow its set of guidelines that sought to confront racial and cultural biases in education.
Gene J. Puskar/AP
States Oklahoma Superintendent Prays for Trump in Video He's Requiring for Students
Two of the state's largest districts say they won't show the video, in which Superintendent Ryan Walters prays for the president-elect.
2 min read
Ryan Walters, Republican state superintendent candidate, speaks, June 28, 2022, in Oklahoma City.
Ryan Walters, Republican state superintendent candidate, speaks, June 28, 2022, in Oklahoma City.
Sue Ogrocki/AP