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Within 90 days, educators in Ohio will be forbidden from discussing LGBTQ+ identities — unless it's to forcibly out queer students to their guardians.
Republican Gov. Mike DeWine signed into law Wednesday H.B. 8, officially named the so-called "Parents' Bill of Rights" but colloquially known as the "Don't Say Gay" bill for its similarities to Florida's 2022 law. DeWine signed the legislation behind closed doors, despite signing another bill into law in front of news cameras the same day.
H.B. 8 prohibits educators from discussing "sexuality content" in grades K-3, and mandates that instruction at other levels be "age appropriate." The bill defines "sexuality content" as "oral or written instruction, presentation, image or description of sexual concepts or gender ideology." It does not define "sexual concepts," "gender ideology," nor "age appropriate."
The bill also requires school staff to notify parents of “any change in the student’s services, including counseling services, or monitoring related to the student’s mental, emotional or physical health or well-being," specifically marking transgender identity as reason for notification. The policy also encompasses sexual orientation, and makes no exceptions for cases where a student is at risk of abuse.
One-third of LGBTQ+ minors who were outed without their consent were more likely to experience depression, as well as face less support from their families, according to a study from the University of Connecticut. Two-thirds said that the event caused significant stress.
H.B. 8 also creates content exemptions, mandating that public schools alert parents to "sexuality content" ahead of time so they can request alternative instructions. It allows parents to pull their children from school to receive religious instruction, known as "religious release time," so long as the instruction is not publicly funded and off school property.
Dwayne Steward, executive director of the state's largest LGBTQ+ organization, Equality Ohio, called the bill's passage "shameful" in a statement, as “H.B. 8 had bipartisan opposition in the state legislature because it did nothing to create a school that welcomes LGBTQ+ Ohio students as they are, and did nothing to support teachers in creating a safe learning environment."
“It’s deeply disappointing that Gov. DeWine has signed HB 8 when it was opposed by educators and the LGBTQ+ community alike because it punishes teachers and staff for supporting LGBTQ+ students who are already targets of bullying and harassment," Steward said. "We will continue to fight for an Ohio that makes all students feel safe and secure in their schools.”
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