Stop the Sexualization of Children Act

The Stop the Sexualization of Children Act was United States federal legislation introduced in the 117th Congress which would prohibit all federally-funded institutions from using such funds to instruct children on "sexually-orientated" materials. Considered to be a national version of the Florida Parental Rights in Education Act, likewise to the Florida legislation, it has been described as the national Don't Say Gay bill by opponents and commentators. The bill was introduced by Republican Representative Mike Johnson of Louisiana, and 32 additional Republican members of Congress cosponsored the bill.[1][2][3][4]

Stop the Sexualization of Children Act
Great Seal of the United States
Long titleA Bill To prohibit the use of Federal funds to develop, implement, facilitate, or fund any sexually-oriented program, event, or literature for children under the age of 10, and for other purposes.
Nicknamesnational Don't Say Gay bill
Legislative history

Background
Further information: Florida Parental Rights in Education Act and Anti-LGBT curriculum laws in the United States

While not uniformly shared across the Republican Party, many state party platforms and members of the party at large have taken a position against same-sex marriage and LGBT+ rights, especially GOP members more closely related to the Christian right.[5]

In 2022, legislation originally introduced earlier by Florida state senator Dennis Baxley was passed by both houses of the Florida legislature and signed into law by governor Ron DeSantis. The GOP and DeSantis have defended what became known by opponents as the Don't Say Gay law, stating that parents need more authority over what their schools teach and that children at their age should not need to worry about their sexual orientation. Criticism against the bill was far and wide, with protests chanting "We Say Gay" and "Do Say Gay" appearing across the country, legal challenges attempting to overturn the bill, and the Walt Disney Company battling DeSantis in a widely-publicized feud which involved Florida's state government repealing the Reedy Creek Improvement Act and Disney's special rights over the land containing Walt Disney World.[6][7][8]

Provisions

The bill would have prohibited institutions that receive any federal funding from "sexually-oriented" programs, events, and literature for children under 10. The bill additionally would have prohibited federal institutions from hosting or promoting literature and works which themselves promote sexual orientation. Any organization that would've violated the bill multiple times in any given five-year period would have lost access to federal funds for three years.

Similar to the Texas Heartbeat Act, the proposed legislation contained a private right of action clause which would have enabled parents and guardians to sue government officials, agencies, and entities which receive federal funding if such institutions were responsible for "exposing" children to sexual materials.

Section 2 of the legislation attracted attention for the findings that Johnson had mentioned in the bill, specifically subsections 4 and 5, which specifically criticized libraries which host story hours hosted by drag queens as well as burlesque shows and promotions.[3]

Support and opposition

Johnson's bill has been supported by 32 other GOP members of the House of Representatives, including Lauren Boebert. Johnson states that this legislation is necessary to prevent the opposing Democratic Party from continuing on what he describes as a "misguided crusade" to promote gender identity and LGBT+ ideas to the youth.[9]

The bill has been criticized by the Human Rights Campaign, which director David Stacy describes as extremist Republicans' "latest cruel attempt to stigmatize and marginalize the community, not in an attempt to solve actual problems but only to rile up their extremist base". LGBT+ activist Alejandra Caraballo has additionally slammed Section 2 of the bill, a section which she specifically calls the legislation's definition of "sexually explicit" to include LGBTQ people as "dehumanizing".[10]

Bay Windows publisher Sue O'Connell suggested addressing sexualization in child beauty pageants rather than banning drag shows which do not sexualize children.[11]

References
  1. Migdon, Brooke (October 18, 2022). "House GOP introduces bill cutting federal funds for 'sexually oriented' events for kids". The Hill. Retrieved October 23, 2022.
  2. "US House bill proposes prohibiting use of federal funds for 'sexual-oriented' materials for children". www.jurist.org. October 19, 2022. Retrieved October 23, 2022.
  3. Wamsley, Laurel (October 21, 2022). "What's in the so-called Don't Say Gay bill that could impact the whole country". NPR. Retrieved October 23, 2022.
  4. Pendharkar, Eesha (November 9, 2022). "What the Federal 'Don't Say Gay' Bill Actually Says". Education Week. ISSN 0277-4232. Retrieved November 14, 2022.
  5. "Republicans aim to pass national 'don't say gay' law". the Guardian. October 20, 2022. Retrieved October 23, 2022.
  6. "Gov. DeSantis signs bill eliminating Disney special district". WESH. April 22, 2022. Retrieved November 14, 2022.
  7. MacBride, Brady. "Do "Say Gay": The "Parental Rights in Education" Bill is Unconstitutional and Unjust". The Pitch. Retrieved November 14, 2022.
  8. "Judge again tosses challenge to Florida's 'Don't Say Gay' bill". PBS NewsHour. October 21, 2022. Retrieved November 14, 2022.
  9. "House Republicans Introduce Legislation to Ensure Taxpayer Dollars Cannot Fund Sexually Explicit Material for Children". U.S. Congressman Mike Johnson. October 18, 2022. Retrieved November 14, 2022.
  10. "A national 'Don't Say Gay' law? Republicans introduce bill to restrict LGBTQ-related programs". NBC News. October 19, 2022. Retrieved November 14, 2022.
  11. "LGBTQ News: Lawmakers across the nation consider bans on drag shows". Under the Radar. January 27, 2023.
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