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43 J.L. & Educ. 137 (2014)
Don't Say Gay Bills and the Movement to Keep Discussion of LGBT Issues out of Schools

handle is hein.journals/jle43 and id is 141 raw text is: Don't Say Gay Bills and the Movement to Keep Discussion of LGBT Issues Out of Schools I. INTRODUCTION During recent legislative sessions, Tennessee and Missouri attempted to enact legislation aimed at stifling the discussion of homosexuality in public schools. Both bills were nicknamed the Don't Say Gay legisla- tion by the media because the bill was designed to prevent discussion of sexual orientation and lesbian, gay, bisexual, and transgendered (LGBT) issues.' Though the bills may seem innocent on their face, Don't Say Gay bills will effectively chill the consideration and teaching of LGBT issues in public schools because students and school personnel are prohibited from discussing any aspect of homosexuality even when the discussion is relevant to a lesson.2 Though it is not stated explicitly in the legislation, one potential con- sequence is that teachers and guidance counselors will be deterred from interfering with bullying based on a student's perceived sexuality,' lead- ing to more bullying and teen suicides.' The speech-chilling nature of Don't Say Gay bills raises serious Constitutional considerations. This Note begins by explaining the back- ground of Don't Say Gay legislation and then analyzes the potential Constitutional and privacy arguments asserted by proponents and oppo- nents of the legislation. This Note will also examine the potential conse- quences of stigmatizing homosexuality, such as increased bullying and teen suicide rates. This Note concludes that Don't Say Gay laws and the subsequent amendments should be opposed because of the legisla- 1. See Tenn. H. 229, 1. (2012) (available at http://www.capitol.tn.gov/Bills/107/ Bill/HBO229.pdf) and Mo. H. 2051, 96th Sess., I (2012)(available at http://www.house.mo.gov/ billtracking/bills 121 /billpdf/introlHB205 I l.PDF). 2. Am. Civ. Liberties Union, Just Say No to Don't Say Gay http://www.aclu.org/ blog/1gbt-rights-religion-belief-reproductive-freedom/just-say-no-don't-say-gay.html (accessed June 24, 2012). 3. Id. 4. Id. 137

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