As thousands of delegates of the nation鈥檚 largest teachers鈥� union gathered in Florida鈥攁 state at the forefront of restrictions on the LGBTQ+ community鈥攖hey defiantly pledged to 鈥渟ay gay.鈥�
Educators wore shirts donning the phrase, a reference to the state鈥檚 Parental Rights in Education law, dubbed by critics as the 鈥淒on鈥檛 Say Gay鈥� law, that now bans most instruction on sexual orientation or gender identity for all grades. 鈥淲e say gay,鈥� they chanted, as they rallied in the Florida heat against similar legislation taking root across the country, holding signs calling for the freedom to love, learn, and teach.
And the National Education Association delegates passed a measure to address 鈥渢he prevalence of discrimination and violence targeted鈥� at those in the LGBTQ+ community, which includes mobilizing against legislative attacks, providing professional development on LGBTQ+ issues for educators, and strengthening contract protections for LGBTQ+ educators.
The new business item, which was voted on during the union鈥檚 annual representative assembly here, carried a hefty price tag of more than $580,000. (NEA delegates have spent more than $1.2 million this week in new business, with this measure being the most expensive by far.)
Over the past two years, lawmakers in much of the country have introduced prohibiting classroom discussions on LGBTQ+ issues, limiting transgender students鈥� ability to participate in school sports or use bathrooms that align with their gender identity, and restricting the use of pronouns that don鈥檛 match students鈥� or teachers鈥� assigned sex at birth.
The consequences for LGBTQ+ students and teachers have been devastating, NEA delegates said.
LGBTQ+ teachers are 鈥渓eaving in droves,鈥� said Emilly Osterling, an exceptional children facilitator in Durham, N.C. 鈥淎nd the ones that are staying are, unfortunately, ... being pushed back in the closet because they鈥檙e so fearful of what could happen.鈥�
Since the laws are so new, educators are unsure of what enforcement will look like, she said. Experts have said that state-level restrictions on instruction often lead to a chilling effect, where educators fearing backlash or retribution end up censoring themselves even more than the laws require.
Dan Gutmann has taught elementary special education in Des Moines, Iowa, for seven years, but when that bans instruction on sexual orientation or gender identity before the 7th grade level, Gutmann told his husband that he could no longer teach under those conditions.
鈥淚 don鈥檛 run around the school with a pride flag or whatnot,鈥� he said. But he wants to be able to display his wedding picture or talk about his husband to students, and intervene when students use the term 鈥済ay鈥� as a derogatory insult鈥攁nd he wasn鈥檛 sure if any of that would be permissible under the new law.
鈥淚 didn鈥檛 want to get to the point next year where I鈥檓 put in a position where I either feel like I can鈥檛 live authentically, or I can鈥檛 do some teaching around different family structures,鈥� Gutmann said, adding that he feels as if his family has been 鈥渃riminalized.鈥�
He left his elementary school and will be teaching 7th and 8th grade in the fall within the same district. But he鈥檚 scared that the state will expand the law to include all grades, like Florida did. (Florida鈥檚 law, passed in 2022, initially applied to K-3; the state board of education extended it in April to all grades.) If that happens, he鈥檚 not sure what he鈥檒l do, Gutmann said with tears in his eyes.
鈥淚 love teaching, and I love teaching elementary,鈥� he said. 鈥淚f Iowa stays on this trajectory, then I don鈥檛 know that we can stay in Iowa鈥攚hich is awful.鈥�
An expansive measure to address LGBTQ+ discrimination
Osterling and C. Scott Miller, a 5th grade teacher in Santa Ana, Calif., chair the NEA鈥檚 LGBTQ+ caucus, an internal advocacy group. They introduced the new business item that directs the NEA鈥檚 response to anti-LGBTQ+ legislation and rhetoric.
鈥淲e know that in 鈥�24, the next presidential election, [the attacks on LGBTQ+ communities are] only going to get worse,鈥� Miller said. 鈥淭his helps give NEA a roadmap on how we maneuver through those attacks and how we鈥檙e coordinated and making sure we鈥檙e one voice rather than fragmented or not on the same page.鈥�
The NEA鈥檚 goal is to provide state and local affiliates with the resources they need to be able to combat anti-LGBTQ+ legislation and policies from both state legislatures and school boards, Osterling said.
The measure, which is in place for one year, calls for the NEA to:
- incorporate defense of LGBTQ+ rights into the NEA鈥檚 political strategy during the 2024 election;
- update guidance and training for 鈥渕ember mobilization鈥� that combats anti-LGBGQ+ legislation or rhetoric, particularly at the local school board level;
- promote and facilitate programs that address LGBTQ+ youth homelessness, suicide, and access to gender-affirming care, and include specific LGBTQ+ cultural competency training for NEA and field staff in those programs;
- create or update grant opportunities for educator-led professional development in the areas of using pronouns, supporting transitioning students, and adopting LGBTQ+-inclusive practices and policies, among others;
- update bargaining guidance around LGBTQ+ issues, including access to gender-affirming care for school employees, and circulate it to state and local affiliates; and
- assist and provide resources to state affiliates facing anti-LGBTQ+ initiatives.
鈥淲hen you鈥檙e being attacked, you don鈥檛 always know [how to ask] somebody for help because it becomes all-encompassing鈥攖hey鈥檙e trying to make you feel bad about doing the right thing,鈥� Miller said. 鈥淚f you鈥檝e ever been attacked before, you can鈥檛 go through that alone. You have to have support.鈥�
The measure also emphasizes education and training. For example, Osterling said, NEA field staff and local union presidents should learn how to support school employees who are transitioning genders and how to bargain language within contracts that assists and encompasses LGBTQ+ members.
George Kemery, a high school English teacher in Voorhees Township, N.J., had introduced a separate new business item that would have called on the union to inform state and local affiliates of contract language that鈥檚 more inclusive to the LGBTQ+ community. For example, he said, contracts should include the phrase 鈥渂irthing parent鈥� and 鈥渘on-birthing parent鈥� in addition to 鈥渕other鈥� and 鈥渇ather.鈥�
His new business item was not voted on and will instead be incorporated into the main LGBTQ+ measure. Kemery said he thinks more inclusive language will make sure all educators are covered in their districts鈥� contract language so they can build their families.
鈥淭he contract is the floor for what you get, not the ceiling, and administrators typically use it as the ceiling,鈥� he said. 鈥淎nd as a result, that鈥檚 an easy way to diminish results further and further and further.鈥�
鈥榃e鈥檙e still on our learning journey鈥�
NEA President Becky Pringle said in an interview that she鈥檚 not sure yet what the implementation of the measure will look like鈥攂ut she thinks it鈥檚 work that needs to be done.
鈥淓ven for us who are staunch advocates for LGBTQ rights, there鈥檚 still more you have to learn,鈥� she said. 鈥淭hat鈥檚 why it needed to be as expansive as it was, because we鈥檙e still on our learning journey.鈥�
(One point of contention among some LGBTQ+ delegates has been the NEA鈥檚 decision to hold its representative assembly in Florida, a state many say they didn鈥檛 feel safe visiting. Pringle said she wanted the convening to serve as a show of solidarity for Florida delegates, but NEA leadership will be revisiting its guidelines for choosing future meeting locations.)
Meanwhile, the LGBTQ+ caucus will be monitoring the progress of the implementation of their new business item over the course of the next year.
After all, Miller said, it鈥檚 time for the nation鈥檚 largest teachers鈥� union to act: 鈥淲e鈥檝e made so much progress in the last 30, 40 years. And we鈥檙e going back to times that it鈥檚 just not good for anyone.鈥�
