Alabama House passes ‘Don’t Say Gay’ expansion, drag performance restrictions

The Alabama House of Representatives passed an expansion of the state’s “Don’t Say Gay” law on Thursday.

HB 244, sponsored by Rep. Mack Butler, R-Rainbow City, would prohibit public school teachers at all grade levels from teaching or discussing gender identity or sexuality, an expansion from K-5. The legislation also prohibits the display of pride flags and insignia in the classroom.

“This bill will expand the existing prohibitions that are currently in K-5 schools on the classroom discussions of gender identity or sexual orientation,” he said.

The chamber adopted a committee substitute 76-8 that removed a portion of the bill that would prohibit educators from referring to students by their preferred gender if it conflicts with their assigned sex at birth.

Rep. Phillip Ensler, D-Montgomery, objected to the measure, saying kids would be less receptive to learning if they did not feel welcome in a classroom. 

“If they don’t trust a teacher, if they think a teacher doesn’t like them or use them differently or views them as unequal, they’re not going to be as open to learning,” he said.

Gidley rebutted, saying students could still confide in a teacher, but the teacher has to stick to the curriculum during instructional time. He said he has received complaints from a student that said their teacher could not teach without mentioning “all things gay and transgender.” He did not say, and has previously declined to say, which school this happened in.

“That is not part of the curriculum, or what the parents signed up for, and not what the parents are paying for,” he said.

Rep. Neil Rafferty, D-Birmingham, the only openly gay member of the House, used his debate time to address LGBTQ+ Alabamians.

“I want you to know you are not the problem. You are not broken, and you’re absolutely not alone,” Rafferty said. “They’re not theories. They’re not talking points, not threats to be neutralized. They’re people. They’re Alabamian, and they deserve better than what we are offering them right now.”

The bill now moves to the Senate.

The House also passed a bill that prohibits public schools and libraries from hosting drag performances in the presence of children without parental consent.

HB 67, sponsored by Rep. Scott Stadthagen, R-Hartselle, passed 76-9 with no discussion. The legislation defines drag performances as “a performance in which a performer exhibits a sex identity that is different from the sex assigned to the performer at birth using clothing, makeup, or other physical markers.”

The bill now moves to the Senate.