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The Dispatch Podcast

Understanding Florida's 'Don't Say Gay' Bill

The Dispatch Podcast

The Dispatch

News, Politics

4.63.3K Ratings

🗓️ 30 March 2022

⏱️ 49 minutes

🧾️ Download transcript

Summary

Florida Gov. Ron DeSantis signed House Bill 1557 into law on Monday. The Parental Rights in Education Act—or “Don’t Say Gay” bill, as its detractors call it—is one of the most contentious and least understood pieces of legislation in recent memory. On today’s podcast, Declan is joined by Gabriel Malor, an appellate litigator based in Virginia, and Eugene Volokh, a law professor at UCLA, for a thoughtful conversation that dives into the bill text and elucidates what the law does—and doesn’t—do. Plus: What are the benefits and drawbacks of writing legislation with vague terminology? And why is Florida passing this bill now? Are the political right and left swapping sides on the exercise of government power?   Show Notes: -TMD: “Breaking Down the So-Called ‘Don’t Say Gay’ Bill” Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

Welcome to the 200th episode of the Dispatch Podcast. I'm not your host, Sarah Isger,

0:06.7

although her voice may sound closer to mine as she recovers from COVID-19. This is

0:11.7

Declan Garvey, editor of the Morning Dispatch, and today we're going to talk about Florida

0:16.2

House Bill 1557, the Parental Rights in Education Act. When I say Parental Rights in Education

0:22.6

Act, there's a good chance you understandably don't know what I'm referring to, because

0:26.7

the bill in question has almost exclusively been referred to by a nickname crafted by opposing

0:31.8

activists. Don't say gay. After several weeks of debate in the Florida legislature and lots

0:37.6

of media and corporate backlash, Florida Governor Ron DeSantis signed the bill into law on Monday.

0:43.1

It's arguably one of the most controversial and least understood pieces of legislation

0:47.6

in recent memory. In today's episode, I'll be joined by two legal experts with slightly different

0:53.0

perspectives on the law, Gabriel Mallor and a pellet litigator based in Virginia, and Eugene

0:58.4

Bollock, a law professor at UCLA who focuses on the First Amendment. I wrote about the law in our

1:03.9

Morning Dispatch newsletter earlier this week, and they were both instrumental in helping me

1:08.1

understand the ins and outs of what the act does and doesn't do. To set a baseline for our conversation

1:14.6

and allow us to go deeper in the time I'll audit, I'll tick through the basics. HB1557 was framed

1:20.4

by its sponsors as a measure that gives parents in Florida more control over the public school

1:25.4

education their young children receive on certain complex and hot button social topics.

1:30.3

It prohibits classroom instruction on sexual orientation and gender identity for students in

1:35.4

kindergarten through third grade and for students in all grades if that instruction is not done in a

1:40.9

quote manner that is not age appropriate or developmentally appropriate in accordance with

1:46.0

state standards. There are other provisions we'll get into with Gabe in Professor Bollock,

1:50.4

but that's the big one and the rhetoric around it has gotten incredibly heated.

...

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