don’t say gay

House Bill 1338: Don’t Say Gay (or Race) Bill

UPDATE: The House passed a similar bill House Bill 1608 – that targets just LGBTQ students and topics in public schools and allow mandates bullying of students by other students and staff, also mandating outing gender non-conforming students to their parents. HB 1608 was passed to the Indiana Senate.

Prohibits teaching information about sexual orientation, gender identity, or race at any ‘state educational institution’ which appears to cover not just K-12 but also higher education. Includes any mandatory training about equity, diversity and inclusion regarding women’s issues, sexual orientation, gender identity, and race: “shall not promote in any course certain concepts related to race or sex.” Also prohibits teaching historical context of racism, sexism, and LGBTQ discrimination in classes in both K-12 and higher education.

House Bill 1338
Introduced House Bill (H)
Authored by Rep. Shane Lindauer.

DIGEST
Education matters. Provides that a teacher, administrator, or other employee of a school corporation or charter school shall not promote in any course certain concepts related to race or sex. Provides that a state educational institution may not require a student enrolled at the state educational institution to engage in any form of mandatory gender or sexual diversity training or counseling. Provides that a state educational institution may not require a student of the state educational institution to attend any student orientation or other training or presentation that presents information regarding race or sex stereotyping or bias on the basis of race or sex. Provides that a student shall not be required to participate in a personal analysis, an evaluation, or a survey that is established or administered by: (1) a school corporation; (2) a public school; (3) a state accredited nonpublic school; (4) the department of education (department); or (5) a third party vendor of a school corporation, a school, or the department; without the prior consent of the student if the student is an adult or an emancipated minor or the prior written consent of the student’s parent if the student is an unemancipated minor. (Current law provides that a student shall not be required to participate in a personal analysis, an evaluation, or a survey that is not directly related to academic instruction and that reveals or attempts to affect the student’s attitudes, habits, traits, opinions, beliefs, or feelings concerning certain matters without the prior consent of the student if the student is an adult or an emancipated minor or the prior written consent of the student’s parent if the student is an unemancipated minor.) Establishes certain requirements regarding contracts or agreements with third party vendors to: (1) collect or share information from a student personal analysis, evaluation, or survey; or (2) provide software or software tools that can be used for data collection, analysis, evaluation, or survey of a student.

Actions for House Bill 1338
H 01/17/2023 First reading: referred to Committee on Education
H 01/17/2023 Authored by Representative Lindauer

Link to downloadable PDF of Introduced bill HB1338.01.INTR

The racist/Sexist part of the bill is here:

Sec. 1. In accordance with IC 20-33-1-1, a teacher, administrator, or other employee of a school corporation or charter school shall not promote the following concepts in a course:
(1) A particular race or sex is inherently superior to another race or sex.
(2) An individual, by virtue of the individual’s race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously.
(3) An individual should be discriminated against or receive adverse treatment solely or partly because of the individual’s race or sex.
(4) An individual’s moral character is necessarily determined by the individual’s race or sex.
(5) An individual, by virtue of the individual’s race or sex, bears responsibility for actions committed in the past by other members of the same race or sex.
(6) An individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of the individual’s race or sex.
(7) Meritocracy or traits such as a hard work ethic are racist or sexist or were created by members of a particular race to oppress members of another race.

Sec. 2. The state board shall adopt rules under IC 4-22-2 necessary to implement this chapter.

SECTION 4. IC 21-41-13 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:

Chapter 13. Dignity and Nondiscrimination in Postsecondary Education
Sec. 1. A state educational institution may not require a student enrolled at the state educational institution to engage in any form of mandatory gender or sexual diversity training or counseling. However, voluntary counseling is not prohibited.
Sec. 2. A state educational institution may not require a student of the state educational institution to attend any student orientation or other training or presentation that presents information regarding race or sex stereotyping or bias on the basis of race or sex.

Continue ReadingHouse Bill 1338: Don’t Say Gay (or Race) Bill

Indiana lawmakers to consider ‘don’t say gay’ legislation in 2023

Of course they are.

From the Indianapolis Star:

Indiana lawmakers to consider ‘don’t say gay’ legislation in 2023
Arika Herron
Indianapolis Star

A controversial proposal to restrict discussion of sexual orientation or gender identity in schools may be heading to Indiana.

During a legislative conference Friday, an Indiana lawmaker said that a version of Florida’s “Don’t Say Gay” bill was being drafted for the upcoming legislative session.

Rep. Bob Behning, an Indianapolis Republican and chair of the House education committee, was speaking during a panel discussion with other legislative leaders previewing some of the educational issues that will be addressed by the legislature when the Indiana General Assembly convenes in January.

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He said one of his colleagues would file legislation “similar to what Florida did in regards to sexual orientation.”

Behning would not share the name of the lawmaker carrying the bill. He said he did not yet know if the bill would come to his committee or if he would support such a measure.

It’s unclear how much support “Don’t Say Gay” style legislation would have among legislative leaders, who struggled to coalesce their members around a position on similar issues last session and have seemed interested in turning attention toward workforce and economy issues after the past summer’s special session to pass a near-total ban on abortion in the state.

He did say he supports the general principle of parental rights in education, a concept used to drive other controversial measures last legislative session such as bills to restrict what teachers could say in the classroom about race, politics and history.

“Let’s teach kids the basics and not try to get beyond that in terms of what are parental responsibilities versus what are responsibilities of the school,” he said.

The Florida bill, formally titled Parental Rights in Education, was signed into law last spring. The measure bans classroom instruction by school personnel or third parties on sexual orientation or gender identity in kindergarten through third grade.

It also prohibits such teaching in a manner that is not age-appropriate or developmentally appropriate for students, which potentially broadens the ban on discussions to all grade levels.

Parents can sue school districts over alleged violations.

The bill sparked national outrage and concerns about the impact it would have on LGBTQ students for whom schools may be the only place they can speak openly on LGBTQ issues.

A spate of other states has already followed in Florida’s footsteps. In 18 other states, lawmakers attempted similar legislation last year.

Gov. Eric Holcomb said on Friday afternoon that the bill was not on his agenda.

Bill is a ‘gut punch,’ LGBTQ advocates say

LGBTQ advocates in Indiana said they were bracing for the bill to be introduced in the Hoosier state but it was still a “gut punch,” said Chris Paulsen, chief executive officer of the Indiana Youth Group. IYG serves LGBTQ+ youth, providing a safe space, supporting self-empowerment and advocating for affirming communities.

“The damage even having the bill introduced will cause to young people is immeasurable,” Paulsen said. “We will see youth die by suicide because of this. I think it’s that dire and I’m sad that lawmakers don’t realize their actions have really bad consequences, even if the bill doesn’t pass.”

Paulsen said that LGBTQ+ youth often struggle with their mental health, particularly when they don’t have a safe and affirming space. One in four young people are kicked out of their homes when they come out to their families, she said and two of three still in their homes after coming out feel unsafe. Last year, the group served 440 LGBTQ+ youth that were in need of food, housing or clothing assistance. School may be the only safe and affirming place for some LGBTQ+ young people.

Culture wars here to stay at Statehouse

The mention of a “Don’t Say Gay” bill in Indiana is raising concerns that the legislative session will be dominated by culture war issues for the second year in a row. Bills targeting discussions of race and history in classrooms, sexually-explicit content in school library books and transgender students participating in school sports drew protests and prompted hours-long hearings dominated largely by those opposed to the measures.

Sen. J.D. Ford, an Indianapolis Democrat and the Statehouse’s first openly gay member, said the Florida bill was divisive and urged lawmakers to keep culture war issues at bay.

“We have so many more priorities in our state to deal with,” he said, “I don’t think that rises to the level of importance.”

Behning said he did not know legislation similar to the “anti-CRT” or “divisive concept” bills that failed last year would come back but does expect a bill banning books with sexually-explicit content from school libraries to come back.

Continue ReadingIndiana lawmakers to consider ‘don’t say gay’ legislation in 2023