Michigan AG Nessel attacks Florida’s ‘Don’t Say Gay’ law in court brief – MLive.com
Michigan Attorney General Dana Nessel is throwing her support behind a legal fight against a controversial Florida law that has gained national attention for its alleged discrimination against LGBTQ people.
Nessel and 15 other Democratic state attorneys general have submitted an amicus brief in support of a federal lawsuit challenging Florida’s Parental Rights in Education Act, which critics have called the “Don’t Say Gay” law.
The law, signed by Republican Gov. Ron DeSantis in March, prohibits teaching sexual orientation or gender identity in K-3 classrooms and requires “age appropriate” instruction on those topics in any grade.
LGBTQ advocacy group Equality Florida and others are suing the state, arguing it violates students and families’ constitutional rights to free speech, equal protection and due process. The law aims to “demean LGBTQ lives by denying their reality,” the lawsuit reads.
“This bill is an affront not just to educators, but also to LGBTQ+ students, especially those who may already be experiencing the stigmatizing effect of their identity at school,” said Nessel, Michigan’s first openly lesbian statewide elected official, in a statement.
Nessel, Michigan’s top law enforcement official, argues Florida teachers who fear the law are censoring themselves because it does not define key terms like “classroom instruction.” She added that she hopes to discourage other states, including Michigan, from considering similar legislation.
“This bill is not motivated by the desire to limit inappropriate content in classrooms,” Nessel said. “It is meant to have a chilling effect on how educators do their jobs and may also violate the First Amendment rights of students and teachers alike.”
Copycat bills have not shown up in Michigan, but they have been introduced in more conservative states like Ohio. The Michigan Supreme Court ruled last month that sexual orientation is protected by state civil rights law.
Related: Michigan Supreme Court rules sexual orientation protected by civil rights law
The 42-page brief Nessel filed with other liberal AGs mentions Michigan a handful of times, including a state education department teacher workshop on LGBTQ issues.
It also notes state research showing Michigan LGBTQ students are more likely to be threatened and bullied at school, more likely to skip school because they feel unsafe and more likely to self-harm.
“To take just one of the most troubling examples, 23% of Michigan’s LGBTQ high school students (13,500 students) attempted suicide in a recent 12-month period,” the brief reads. “That rate is 4.6 times higher than their non-LGBTQ peers.”
“An inclusive school climate, which permits teachers and students to discuss sexual orientation and gender identity,” it continues, “can help reduce the likelihood of these damaging outcomes.”
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