The Florida House of Representatives has passed a parental rights bill that includes a provision on pronouns that has sparked outrage among LGBTQ+ advocates. The bill, which awaits Senate approval, would grant parents broad authority over their children’s education, health care, and religious upbringing, among other things. However, critics argue that the bill’s pronoun provision would enable parents to discriminate against transgender and nonbinary children and violate their dignity and privacy.
The Florida Parental Rights Bill, also known as House Bill 241, is a piece of legislation that aims to codify and expand parents’ fundamental rights to direct the upbringing, education, and care of their children. The bill declares that “parents have the fundamental right to make decisions concerning the care, custody, and control of their children without governmental interference,” unless there is a compelling state interest to override that right. The bill enumerates several specific rights, such as the right to choose a child’s school, health care provider, and religious institution, and the right to access a child’s records and participate in a child’s extracurricular activities.
The bill passed the House on March 29, 2023, by a vote of 76-44, with mostly Republican support and mostly Democratic opposition. The bill now goes to the Senate, where it may face a tougher path, as some Senators have expressed concerns about the bill’s breadth and potential effects on vulnerable children.
The pronoun provision in the Florida Parental Rights Bill is a single sentence that reads: “A parent may request, in writing, that a public or private school or institution of higher education refer to his or her child using a pronoun that reflects the child’s biological sex, as determined at birth.” The provision does not define the terms “public or private school or institution of higher education,” “pronoun,” “biological sex,” or “determined at birth,” which has led to confusion and controversy.
The provision’s supporters argue that it is a common-sense measure to protect parents and children’s rights to privacy and conscience and to prevent schools from imposing ideologically-driven policies that contradict scientific and moral standards. They also contend that the provision does not prohibit schools from accommodating students’ gender identities or expressions, as long as they do not infringe on parental rights or violate religious beliefs.
The provision’s critics, however, say that it is a thinly veiled attempt to discriminate against transgender and nonbinary students and force them to conform to cisgender norms. They argue that the provision ignores the scientific and medical consensus that gender is not binary, but rather a complex and diverse phenomenon that involves biological, psychological, and social factors. They also assert that the provision would stigmatize and ostracize transgender and nonbinary students, put them at risk of bullying and harassment, and undermine their mental health and well-being.
The LGBTQ+ concerns about the Florida Parental Rights Bill are manifold and urgent. LGBTQ+ advocates, organizations, and allies have condemned the bill as a “license to discriminate” against LGBTQ+ children and families, and have called for its defeat or amendment. They argue that the bill would empower parents to:
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