The Undergraduate Law Review at UC San Diego

Since the 1960s, when legal and social initiatives of the LGBTQ+ rights movement first rose to prominence, issues surrounding the LGBTQ+ community have inspired some of the most prevalent political and social discussions today. Despite significant advancements having been made in the interests of promoting justice, LGBTQ+ communities still face considerable political, legal, and social inequalities. In March of 2022, the Florida State legislature passed House Bill 1557 (HB 1577), which imposes legal restrictions on educational practices relating to sexual orientation and gender identity in kindergarten through grade three statewide. Infamously characterized by many prominent media outlets as the “Don’t Say Gay” bill, HB 1557 has garnered insurmountable headlines and public attention in the past months, ultimately becoming one of the most controversial pieces of recent state legislation by receiving criticism and discussion at a national level. This article reviews the constitutional basis and legality of HB 1557, finding that the focal point of this bill—the prohibition on the scope of teacher’s instruction in the classroom—should be considered unconstitutional. Given that HB 1557 also reveals critical implications about the remaining legal challenges the LGBTQ+ community faces, this article recommends several courses of action for legislators to further remove the legal barriers from equality maintained by LGBTQ+ communities and individuals. In concluding remarks, this article demonstrates the significance of this issue and the need for rigorous change to be made for the future of the United States society.