The Louisiana House and Senate have advanced legislation this week that, if signed by newly seated Gov. Jeff Landry, a Republican, would prohibit sexual indoctrination and the teaching of critical race theory (CRT) in schools.
Its legal basis is the 14th Amendment of the Constitution, which “protects the rights of parents to direct the care, upbringing, education, and welfare of their children.”
The U.S. Supreme Court holds that the due process clause of the 14th Amendment prohibits states from infringing on the rights of parents to raise their children in a manner they see fit.
The bill quotes from the First Amendment which prohibits the government from forcing citizens to speak “its own preferred message.”
Some media outlets have attempted to frame the legislation as “Don’t Say Gay” legislation, despite the fact nowhere in the bills is that statement written.
The ‘Don’t Say Gay’ label began with reporters classifying Florida Gov. Ron DeSantis’ Parental Bill of Rights in Education Act as anti-gay, while in writing it prohibits the promotion of sexual orientation and gender identity in the classroom and gives parents the right to access their children’s school records.
“The bill prohibits classroom instruction on sexual orientation or gender identity in kindergarten through 3rd grade and prohibits instruction that is not age appropriate for students and requires school districts to adopt procedures for notifying parents if there is a change in services from the school regarding a child’s mental, emotional or physical health or well-being,” Mr. DeSantis said in a March 2022 press release on the signing of the legislation.
House Bill 122
House Bill 122, which critics have labeled Louisiana’s version of the “Don’t Say Gay” bill, prohibits teachers “from discussing sexual orientation and gender identity with students” from kindergarten to 12th grade.“Schools are for teaching reading, writing, and arithmetic. It’s not for engendering a new social culture, or making someone believe differently than they already do,” Republican state Rep. Raymond Crews told The Associated Press in May 2023 when presenting the legislation. “This bill is something to protect the institution, protect the teachers, protect the parents and protect the children.”
In response to Mr. Crews calling it a “parental rights bill”, Independent state Rep. Joseph Marino III, who voted against the legislation, called it an “anti-transgender bill.”
Democratic state Rep. Aimie Freeman said the legislation will harm LGBT students.
Senate Bill 262
On Monday, the Louisiana Senate passed Senate Bill 262 which expands the state’s Parents’ Bill of Rights for Public Schools prohibiting the teaching of CRT.Critics argue that CRT divides citizens into classes of oppressors and the oppressed, and has been used in Marxist-influenced political movements to highlight issues such as oppression and discrimination, which it claims to address.
“As educators, we have a tremendous opportunity and a responsibility to educate children to prepare them here for life and teach them that they have a unique opportunity living in this country and being an American,” Sen. Valarie Hodges, a Republican, said. “And we need to teach them self-esteem and self-confidence because children believe what adults tell them about themselves and about their future.”
Sen. Royce Duplessis, a Democrat, said the bill was written too broadly in a way that will restrict the teaching of difficult subjects.
“We want to inform and educate, not oppress our children,” Mr. Duplessis said.
The legislation would be added to the state’s 2018 Parent’s Bill of Rights which focuses on giving parents access to school records and textbooks.