ACLU Sues To Block Indiana’s “Don’t Say Gay” Law

NPR reports:

The ACLU of Indiana has filed a lawsuit to halt Indiana’s so-called “Don’t Say Gay” law. Court documents said the act’s lack of definitions about “human sexuality” and “instruction” mean teachers don’t know what they can and can’t teach.

If found in violation of HEA 1608, teachers could have their licenses suspended or revoked. The lawsuit was filed on behalf of Indianapolis Public Schools teacher Kayla Smiley.

According to court documents, Smiley has a book corner for her first through third graders, which includes age-appropriate books on figures throughout history like Harvey Milk and Elton John. Smiley said she doesn’t know if these would violate the new law as “instruction” on human sexuality.

Read the full article. 

The bill’s author, freshman Rep. Michelle Davis [photo above], has appeared on the Family Research Council’s daily podcast. Republicans hold supermajorities in both Indiana chambers.

BREAKING: We’re suing to stop HB 1608, Indiana’s new classroom censorship law that effectively bans mentions of LGBTQ people in schools, grades PreK-3.

Our lawsuit, filed on behalf of a public school teacher, asserts that the law violates the First Amendment and is overly broad.

— ACLU of Indiana (@ACLUIndiana) June 9, 2023

Teachers have a First Amendment right to express themselves outside of the classroom, including in the school’s hallways, playground, or before and after school. The vagueness of the new law—modeled after Florida’s “Don’t Say Gay” law—would have a chilling effect on those rights.

— ACLU of Indiana (@ACLUIndiana) June 9, 2023

By prohibiting “instruction” on “human sexuality” without defining either term, HB 1608 makes it nearly impossible for teachers to determine what they can & cannot say to students or even whether they are permitted to have books in their classroom with LGBTQ characters or topics.

— ACLU of Indiana (@ACLUIndiana) June 9, 2023

LGBTQ students exist at all ages and in all grade levels. Their stories belong in Indiana schools, and we won’t let their identities be erased.

Students and teachers deserve safe, inclusive schools — not censorship and discrimination. See you in court. https://t.co/Q024EgS7wF

— ACLU of Indiana (@ACLUIndiana) June 9, 2023

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