Sen. Gary Byrne

House Bill 1608: Don’t Say Gay Bill mandates school bullying and outing gender non-conforming children

UPDATE 02/22/2023 – This bill was passed amended by House
UPDATE 02/24/2023 – Referred to the Senate

House Bill 1608 Bans any discussion of same-sex couples or transgender people in K-3 classrooms or elementary schools. This would outlaw teachers with same-sex partners mentioning their family or students with two same-sex parents discussing their family at school. Would ban children’s books like “Tango Makes Three” about same-sex penguin couples having a child.

Updated Analysis – Drastic alterations to the bill target trans children in schools, including allowing bullying, harassment by students and staff and outing gender non-conforming students to Parents.

House Bill 1608
Authored by Rep. Michelle Davis.
Co-Authored by Rep. Jake Teshka, Rep. Chris Jeter, Rep. Robert Heaton.
Sponsored by Sen. Stacey Donato, Sen. Jeff Raatz, Sen. Gary Byrne.

Original DIGEST
Sexual orientation and gender identity instruction. Provides that a school, an employee or staff member of a school, or a third party vendor used by a school to provide instruction may not provide any instruction to a student in kindergarten through grade 3 in which the goal or purpose of the instruction is to study, explore, or inform students about sexual orientation, gender identity, or certain other concepts. Defines “school” for purposes of this provision.

AMENDED DIGEST
Synopsis: Human sexuality instruction. Provides that a school, an employee or staff member of a school, or a third party vendor used by a school to provide instruction may not provide any instruction to a student in kindergarten through grade 3 on human sexuality. Provides that a school employee or a school staff member is not prohibited from responding to a question from a student regarding certain topics. Provides that an employee or staff member of a school may only use a name, pronoun, title, or other word to identify a student that is inconsistent with the student’s sex if the student, who is an adult or an emancipated minor, or the parent of an unemancipated minor requests in writing the use of a specific name, pronoun, title, or other word to identify the student. Provides that a request must be submitted at the beginning of a school year. Requires a school to notify the parent of a certain student of a request made by the student to change the student’s name, pronoun, title, or other word to identify the student that is inconsistent with the student’s sex. Provides that a school may not discipline an employee or staff member of the school for using a name, pronoun, title, or other word to identify a student that is consistent with the student’s legal name.

Actions for House Bill 1608
H 02/24/2023 Referred to the Senate
H 02/23/2023 Senate sponsors: Senators Donato, Raatz, Byrne
H 02/23/2023 Third reading: passed; Roll Call 220: yeas 65, nays 29
H 02/22/2023 Second reading: ordered engrossed
H 02/20/2023 Committee report: amend do pass, adopted
H 01/19/2023 First reading: referred to Committee on Education
H 01/19/2023 Coauthored by Representatives Teshka, Jeter, Heaton
H 01/19/2023 Authored by Representative Davis

Link to local PDF File of the Introduced Bill: HB1608.01.INTR
Link to local PDF File of the House Roll Call Vote: HB1608.220_H-roll-call-vote

News References:

Source: – February 10, 2023

Continue ReadingHouse Bill 1608: Don’t Say Gay Bill mandates school bullying and outing gender non-conforming children

Senate Bill 413: Outing transgender youth to parents

2023-02-28 Update: This bill has similar language to House Bill 1608 which has been referred to the Senate, so it may get reconciled with that bill.

Senate Bill 413 prevents teaching K-12 students any information about sexual orientation or gender identity and requires guidance counselors or other student support service staff to notify parents if a student seeks counseling services. Requires notifying all parents of a school if a transgender child is enrolled.

Senate Bill 413
Authored by Sen. Gary Byrne, Sen. Blake Doriot.

DIGEST
Parental rights in education. Requires a governing body of a school corporation to adopt procedures to require schools to notify a parent of an unemancipated minor student regarding the: (1) student’s services, support, or monitoring related to the student’s social emotional, behavioral, mental, or physical health; or (2) school’s ability to provide a safe and supportive learning environment for the student. Establishes requirements and restrictions regarding the procedures. Prohibits school corporation personnel or a third party vendor that contracts with a school corporation from providing instruction on sexual orientation or gender identity: (1) to any students of the school corporation enrolled in kindergarten through grade 12; or (2) in a manner that is not age appropriate or developmentally appropriate for students in accordance with state law. Establishes requirements regarding: (1) student support services training; (2) notifying parents of social emotional, behavioral, mental, and physical health services or support offered by a school corporation and the parent’s option to withhold consent or decline any of those health services or support; and (3) administering a social emotional, behavioral, mental, or physical health personal analysis or evaluation, questionnaire, screening, survey, or assessment to an unemancipated minor student enrolled in kindergarten through grade 12. Requires a school corporation to notify the parent of each student enrolled in a school maintained by the school corporation if the school corporation permits a student of that school to use a multiple occupancy restroom or locker room that is designated for a sex that is not the student’s biological sex. Requires a school corporation to: (1) establish a grievance procedure for a violation of the provisions; and (2) post the grievance procedure on the school corporation’s website. Provides that a parent who is not satisfied with a decision by a school principal or principal’s designee regarding a complaint by the parent may request the department of education (department) to review the complaint and decision. Provides that a parent of a student may bring a civil action against the school corporation for a violation of the provisions. Requires, not later than May 30, 2024, the department to adopt or update, as necessary and as approved by the state board of education, certain student services, personnel guidelines, standards, frameworks, practices, and principles.

Actions for Senate Bill 413
S 01/19/2023 Senator Doriot added as second author
S 01/19/2023 First reading: referred to Committee on Education and Career Development
S 01/19/2023 Authored by Senator Byrne

Link to PDF of Introduced Bill: SB0413.01.INTR

Continue ReadingSenate Bill 413: Outing transgender youth to parents

Senate Bill 480: Civil Enforcement for Prohibition of Gender Affirming Care

Prohibits gender affirming care for any individual under 18 years of age, including to “alter the gender of the minor or delay puberty.” Provides disciplinary actions that may be taken toward healthcare providers including revoking licenses and subjecting them to civil liability.

Senate Bill 480
Authored by Sen. Tyler Johnson.
Co-Authored by Sen. Gary Byrne, Sen. Stacey Donato, Sen. Blake Doriot, Sen. Mike Gaskill, Sen. James Buck, Sen. Aaron Freeman, Sen. Jeff Raatz, Sen. Andy Zay, Sen. Greg Walker, Sen. Mark Messmer, Sen. Jack Sandlin, Sen. Linda Rogers, Sen. James Tomes, Sen. Rick Niemeyer, Sen. Brian Buchanan, Sen. Scott Alexander, Sen. John Crane, Sen. Michael Young.

DIGEST
Gender transition procedures for minors. Prohibits a physician or other practitioner from knowingly providing gender transition procedures to an individual who is less than 18 years of age (minor) that are intended to alter the gender of the minor or delay puberty. Provides for certain medical exceptions. Establishes civil enforcement actions.

Actions for Senate Bill 480
S 02/27/2023 Amendment #4 (Yoder) failed; Roll Call 165: yeas 12, nays 37
S 02/27/2023 Amendment #7 (Brown L) prevailed; voice vote
S 02/27/2023 Second reading: amended, ordered engrossed
S 02/23/2023 Senator Young M added as coauthor
S 02/23/2023 Committee report: amend do pass, adopted
S 02/21/2023 Senator Charbonneau added as second author
S 01/30/2023 Senator Crane added as coauthor
S 01/23/2023 Senator Ford Jon removed as coauthor
S 01/19/2023 First reading: referred to Committee on Health and Provider Services
S 01/19/2023 Coauthored by Senators Byrne, Donato, Doriot, Gaskill, Buck, Ford Jon, Freeman, Raatz, Zay, Walker G, Messmer, Sandlin, Rogers, Tomes, Niemeyer, Buchanan, Alexander
S01/19/2023 Authored by Senator Johnson

Link to PDF file of introduced bill: SB0480.01.INTR

Continue ReadingSenate Bill 480: Civil Enforcement for Prohibition of Gender Affirming Care

Senate Bill 351: Deter trans people from updating birth certificates

This bill is an attempt to limit the ability to update gender information on IDs and records, such as birth certificates and driver’s licenses. This puts transgender people at risk of losing jobs, facing harassment, and other harms. Trans, intersex, and nonbinary people need IDs that accurately reflect who they are to travel, apply for jobs, and enter public establishments without risk of harassment or harm.

Senate Bill 351
Authored by Sen. Gary Byrne, Sen. Jack Sandlin.

DIGEST
Designation of sex on birth certificate. Defines “sex” for purposes of birth certificates.

Actions for Senate Bill 351
S 01/19/2023 Senator Sandlin added as second author
S 01/12/2023 First reading: referred to Committee on Health and Provider Services
S 01/12/2023 Authored by Senator Byrne

“As used in this chapter, “sex” means the biological indication of male or female in the context of reproductive potential or capacity, including sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth, without regard to an individual’s psychological, chosen, or subjective experience of gender.”

Link to PDF File for Introduced Bill: SB0351.01.INTR

Continue ReadingSenate Bill 351: Deter trans people from updating birth certificates