'Don't Say Gay' bill denounced

SANDUSKY — A bill proposed in the Ohio House of Representatives has brought a chorus of condemnation from across the state. On Monday, Ohio State representatives Mike Loychik, R-Bazetta, and Jean Schmidt, R-Loveland, introduced House Bill 616, which, if approved, would ban Ohio educators from teaching about sexual orientation or gender identity in kindergarten through third grade. The bill mirrors a law recently enacted in Florida, which critics have dubbed "Don't Say Gay." LGBTQ employees and supporters walk out of Disney Animation protesting how management handled controversy over Florida's 'Don't Say Gay' bill, March 22, 2022, in Burbank, CA. Cedar Point officials did not respond to questions about whether the park has concerns about Ohio's version of 'Don't Say Gay.' (Irfan Khan / Los Angeles Times) TNS The Ohio legislation also requires that teaching about sexual orientation or gender identity must be age-appropriate or developmentally appropriate for children in fourth through 12th grades. The proposal would also prohibit the teaching of "divisive or inherently racist concepts" including the academic theory known as critical race theory. That prohibition is similar to other bills pending in the Ohio Legislature that ban schools from requiring or compelling Ohio teachers to affirm a belief in the systemic nature of racism or "the multiplicity or fluidity of gender identities." Sandusky native and LGBTQ advocate Jim Obergefell said the bill is harmful and unnecessary. Obergefell became known for the 2015 U.S. Supreme Court case that legalized same-sex marriage, being the lead plaintiff in the case that led to the end of same-sex marriage bans. "I can't help but think of the children and students in our schools trying to come to terms with their identities, and this bill tells them they're wrong," Obergefell said. "They won't be able to talk about themselves in school, where it should be a safe place for kids. It's harmful to children and LGBTQ teachers. I think about a child in second grade talking about her two moms or her two dads. Is that child going to be in trouble because she talked about her same-sex parents?" Obergefell is seeking the Ohio House seat currently occupied by state Rep. D.J. Swearingen, R-Huron. "Legislators should focus on proposing bills that make a positive difference in Ohioans' lives instead of pushing harmful bills such as HB 616," Obergefell said. "Ohioans need well-paying jobs, affordable health care and quality public education. They don't need to make bills like this that only seek to divide and harm." Some support Swearingen indicated he intends to support the legislation. "Every child deserves a quality education," Swearingen said. "My colleagues and I cannot sit idly by when radical indoctrination in schools is threatening this fundamental right. We will work to ensure that parents can send their kids to school absent political activism, which includes teaching kindergartners through third-graders about sex and gender ideology." When asked, he did not provide any specific examples of indoctrination or the names of constituents who approached him with concerns about that or about how history is taught in schools as it relates to race. He also declined to address criticism that Republicans supporting the legislation are trying to legitimize bigotry. Teachers found in violation of the proposal, if it becomes law, could see their teaching licenses suspended or revoked. Other Republicans contacted — including representatives Jon Cross, R-Kenton, Riordan McClain, R-Upper Sandusky and Gary Click, R-Vickery — ignored questions sent to them earlier this week. They are listed as co-sponsors of an earlier version of the Divisive Concepts Act. State Rep. Dick Stein, R-Norwalk, who also was listed as a co-sponsor in earlier versions of the proposed law, did reply but the reply was mostly non-responsive to the questions asked. Stein suggested the legislation was being proposed as a civil rights protection against some children being offended by school lessons about racism if the lessons were taught in an activist way. Representatives Jean Schmidt, R-Miami Township and Mike Loychik, R- Bazetta, who introduced the "Don't Say Gay" legislation, also did not respond to questions. State Sen. Theresa Gavarone, R-Bowling Green, also did not respond to questions or say whether she will support the legislation. 'Don't Say Gay' Florida's 'Don't Say Gay' law prevents public school teachers in the Sunshine State from teaching about sexual orientation or gender identity. "Our children already struggle with feelings of self-worth and suicide among LGBTQ children is already higher than the average. This bill will do nothing but make that worse," Obergefell said. "Talking about the existence of LGBTQ people is not teaching children about sex, but it's acknowledging reality and creating a safe space for them." HB 616 includes language against teaching sexual orientation or gender identity but also includes "inherently racist concepts." It's the most recent of several bills pending in the state legislature involving "divisive concepts." Obergefell said the bill is also harmful to all children in school, not just those who may be a part of the LGBTQ community. "This will ban divisive concepts, but if we can't even teach the truth of our nation's history, we're not preparing our children to be successful in a complicated world," Obergefell said. "Those who can't learn from the past are doomed to repeat the same mistakes." Sandusky attorney Linda Fritz-Gasteier said, from a legal perspective, the bill is overbroad, ultimately unenforceable and likely unconstitutional. "Who is going to act as the thought police in the classroom? Is any mention of gender identity, including heteronormative identification of 'boy' and 'girl' off-limits? Children live in the world," Fritz-Gasteier said. "They know that there are people who identify in all kinds of ways, whether it be gender, race, sexual orientation, religion or ethnicity. Trying to shield them from ideas and a broader perspective is not only morally reprehensible, it is a fool's errand." She said gender identity issues being taught in the classroom should be a decision left to school districts, not lawmakers. Safe schools Obergefell said this bill's passage could also mean the end of schools being a safe place for children. "There are so many kids who may not be getting any support at home and look at school as being a safe place where they can be themselves," he said. "But this bill will make that impossible." State Rep. Brigid Kelly, D-Cincinnati, said the bill moves Ohio backward. "Students can't grow into well-rounded, educated adults ready to join a diverse, thriving workforce when the ability to think critically and the desire to recognize and celebrate each other's differences has been banned in schools," Kelly said. Obergefell said HB 616 should be protested and fought by everyone in Ohio. "Our legislatures are supposed to believe in public service and this is public harm. This bill will harm teachers and children," he said. "It's wrong, harmful and unnecessary." The Ohio Education Association also has condemned the bill. "These politicians are continuing to use race and sexual orientation as wedge issues to score cheap political points, and they should be ashamed of themselves," said Scott DiMauro, president of the Ohio Education Association. "Rather than persisting with these disingenuous attacks on educators and public schools, we need pro-public education policies that enable students to think critically about the world around them and empower them to be proud of who they are, regardless of where they come from, what they look like, how they express their gender identities, or who they — or their parents — love." DiMauro said the bill is a distraction from real issues public schools face and the passage of this bill could discourage employers from coming to the state. "Our students and educators cannot be pawns in these ongoing political games," DiMauro said. "House Bill 616 would have grave consequences for Ohio's children, public schools and the wider economy. We all deserve better." Dennis Murray, vice mayor of the city of Sandusky and former state representative in the 89th district, said he doesn't understand why legislators continue to believe they know better than actual educators. "Instead of supporting teachers, if enacted, this bill will drive even more teachers out of teaching," Murray said. Eric Wobser, Sandusky city manager, said the city has strived to become a more accepting community, hosting a Pride festival and being named the birthplace of marriage equality due to Obergefell. "We've put ourselves on the map as a more inclusive place, and our state is actively working against that and against bringing those people to this area," Wobser said. "I thought this was one issue we had moved on from." Wobser said the bill could force the entire state backward. "This bill is small-minded and bigoted," he said. "It's a slap in the face to how far we have come as a community." More condemnations of HB 616 • Columbus Mayor Andrew Ginther "This kind of legislation attack goes against hard-fought LGBTQ+ protections that the residents of Columbus voted into the city charter. It is bigotry in one of its ugliest forms, and I urge state and local leaders and Ohioans across this great state to speak out to protect our neighbors." • Equality Ohio "Ohio's Don't Say Gay bill is yet another insidious attempt to chill and censor free speech in the classroom. Lawmakers are effectively trying to erase LGBTQ+ people and skew history in their favor," said Alana Jochum, Equality Ohio's executive director. "Attacks like these are a product of a small minority of people pushing their agenda to dismantle diversity at all costs — and in the process putting educators and families in jeopardy for political gain." • State Rep. Jessica Miranda, D-Forest Park "Extremists continue to take actions to censor what students can or cannot learn and most troubling, who they can or cannot be. Ohio cannot be an opportunity state if we do not embrace our diversity and strive towards greater equality for all." • State Rep. Allison Russo, D-Upper Arlington "These inflammatory bills are meant to divide, not address real issues faced by Ohioans. Legitimizing extremism is bad for Ohio families & our long-term economic growth," Russo said. • Ohio Chamber of Commerce president and CEO Steve Stivers "Ohio needs to be a welcoming place for all. We should focus on ways to cultivate and harness the talents of Ohioans while also attracting out-of-state workers to relocate here. The chamber is concerned that some of the language in this bill may impede Ohio's ability to lure the best and brightest minds to fill these openings and put down roots in the Buckeye State." • The LGBT Community Center of Greater Cleveland "Words on paper cannot erase our voice, our progress, our existence. These actions are spawned from intolerance and fear. Rest assured, the LGBT Community Center of Greater Cleveland will continue to offer a safe, affirming space as well as remain a hub of resource and supporting these trying times. We are queer. We are here. And our existence cannot and will not be diminished." • Ohio Young Democrats "We shouldn't be surprised to see this bill come from a state party that refuses to accept the 21st century and legislates intellectually lazy ideas due to their gerrymandered state legislative maps," said Chris Anderson, Ohio Young Democrat president. "They have rigged the political lines to ensure their super-majority representation in the Statehouse. The Ohio GOP only answers to fringe lobbyists who aim to perpetuate a culture war against LGBTQ rights and racial justice." • Honesty for Ohio Education "In combining the worst aspects of Florida's 'Don't Say Gay' bill with Ohio's harmful 'Divisive Concept' bills, reps. Loychik and Schmidt have demonstrated that they do not care about honest education or the welfare of Ohio students. Rather than cultivating learning environments that prioritize an honest, high-quality education and celebrate the unique identities and rich experiences that each student brings into the classroom, these legislators are importing harmful copycat legislation that censors education, whitewashes our history, and forces LGBTQ+ students, families and educators back into the closet," said Cynthia Peeples, founding director. "These attacks are particularly harmful to LGBTQ+ students of color, who are often the most vulnerable in our communities and need to be affirmed, not attacked. Racist and homophobic educational gag orders have no place in Ohio and censor our students' freedom to learn."