Georgia's New "Don't Say Gay" Bill Would Chill Speech and Expression
Senate Bill 88 would make it illegal for any adult caring for children to discuss issues of sexual orientation or gender identity without the express permission of their legal guardian
Senate Bill 88 is the first of what is expected to be many attacks on LGBTQ youth in Georgia.
The four page bill would require any adult who is caring for children in a school, camp, or public library to shut down conversations concerning sexual orientation and gender identity while in their care.
The bill also outlines that these non-guardian adults should not be, “dressed in a sexually provocative manner, applying current community standards.” This statute could be in response to Drag Story Hour, an initiative which has received threats of violence for promoting ideas of kindness and acceptance while in drag.
The bill goes on to outline penalties for schools who change a student’s record to match their gender identity without an amended birth certificate and express written consent from their guardians. A school could lose funding or accreditation if they simply alter the name of a student in school documents.
Sponsors of Bill Signal Potential Movement
The bill is currently sponsored by 11 state senators — including Sen. Chuck Payne, the vice chairman of the Education and Youth Committee — with some of the most extreme right supporting the measure.
Last year the “Save Girls Sports Act” received attention in the Senate which would prohibit students from playing sports which did not align with their assigned gender at birth. While that measure didn’t make it out the Senate, then State Senator Burt Jones co-sponsored the measure. Which means the now presiding officer of the Senate may have an appetite to take on similar measures attacking LGBTQ students.
Words Matter
The language in the proposed bill seeks to chill speech about sensitive issues concerning sexual orientation and gender identity. Any time a teacher’s speech is being policed, it is important to understand the context of statutes and measures.
I would guess the authors of SB 88 seek to limit positive discussion of gender identity and sexual orientation by advocates for LGBTQ young people, but the bill can be interpreted to limit the speech of religious schools and programs to speak negatively about these issues.
While I’m sure the author’s intent of the bill would be to ban speech celebrating youth for who they are, the “fire and brimstone” language often in religious schools, camps, and books surrounding sexual orientation and gender identity would also run afoul to the current bill.
The solution — stop attempting to prevent teachers and other youth professionals from caring for the development of young people during what is already a confusing and tumultuous time. Young people deserve a trusted, caring adult (who may not be their guardians if they are not accepting) to turn to in order to receive proper resources and guidance as it concerns these sensitive issues.
Lawmakers must understand that you cannot legislate gay away; youth will continue to seek information about these issues from whatever sources they have.
If we really want to protect youth, we would give them the courage to ask tough questions, instead of shutting down conversations.