1 of 2 | Florida settled a lawsuit Monday, over what critics dubbed the state’s “Don’t Say Gay” law, allowing students and teachers to discuss sexual orientation and gender identity, as long as it is not part of classroom instruction. File photo by Cristobal Herrera-Ulashkevich/EPA-EFE/

“This settlement not only reaffirms the rights of LBGTQ+ students and educators to live and speak openly, but also marks a significant step towards rectifying the damage inflicted by the ‘Don’t Say Gay’ or ‘Trans’ law,” Nadine Smith, Equality Florida’s Executive director, said in a statement.

The settlement also reinforces safeguards against bullying based on sexual orientation and gender identity, and protects LGBTQ+ student clubs. The settlement says the Parental Rights in Education Act cannot ban references to LGBTQ+ individuals, relationships or families in any educational or extracurricular context. The settlement also clarifies that the law does not apply to library books, as long as those books are not being used in the classroom.

Monday’s settlement “demonstrates our ongoing commitment to a Florida where everyone, regardless of their sexual orientation or gender identity, can live authentically and without fear,” Smith said.

Florida Gov. Ron DeSantis’ office also called the settlement a “major win” for the law, which will remain in effect as “children will be protected from radical gender and sexual ideology in the classroom.”

“We fought hard to ensure this law couldn’t be maligned in court, as it was in the public arena by the media and large corporate actors,” said Ryan Newman, an attorney for the state of Florida. “We are victorious, and Florida’s classrooms will remain a safe place under the Parental Rights in Education Act.”

The law, banning instruction on sexual orientation and gender identity through the third grade, was passed two years ago.

Last year, after publicly disagreeing with the law, Disney filed a lawsuit against DeSantis, claiming the governor led an unconstitutional political retaliation against the company by removing Disney World’s power to govern itself. In January, a judge dismissed the lawsuit, saying the complaint lacked merit.

“For nearly two years, Florida’s notorious ‘Don’t Say Gay’ law has spawned a disturbing wave of fear, anxiety and confusion. By providing much-needed clarity, this settlement represents a major victory for the many thousands of LGBTQ+ students, teachers, parents and their allies throughout Florida,” said lead counsel Roberta Kaplan.

“Today’s settlement makes clear the legitimacy of gay student groups, safeguards against hate and bullying and the ability of LGBTQ+ students and teachers to openly draw or display pictures of their partners and families,” Kaplan added.

“Simply put, the state of Florida has now made it clear that LGBTQ+ kids, parents and teachers in Florida can, in fact, say that they are gay.”