The Senate Education Policy Committee recently approved a controversial bill that significantly broadens existing restrictions on classroom instruction related to gender identity and sexual orientation.
House Bill 244, introduced by Rep. Mack Butler, R-Rainbow City, is commonly known as the “Don’t Say Gay” bill. The measure aims to extend current limitations, which previously only applied to elementary grades, to all grade levels in public schools.
“The State Department of Education is not opposing this bill. When a student enters a school, they still carry with them their First Amendment rights. They can absolutely talk to a nurse, a teacher or a counselor, but it’s banning classroom discussion of such,” said Butler.
In addition to restricting discussion, the bill bans the display of pride flags and related symbols in classrooms. A proposed provision that would have barred teachers from using students’ preferred gender pronouns was removed before the bill was considered by this committee.
Debate around the bill revealed sharp divisions, with some lawmakers and constituents expressing concern about the wording in the bill.
One opponent noted that although the bill bans discussions of gender identity, the bill fails to define what gender identity is. Gender identity is not defined in Alabama state law.
After the public hearing, Butler told the committee that his legislation does align with President Trump’s executive order and that heightened interest in school choice should serve as an indication that parents are unhappy.
“We had almost 40,000 applications for the CHOOSE Act, which tells you that there is clearly dissatisfaction with what we are doing in public education. One of the biggest complaints I hear from parents is the woke ideology and the sexualization of children,” said Butler.
Sen. Kirk Hatcher, D-Montgomery, pointed out that, as legislators, they do not have the authority to legislate morality.
“I do think that there is a place within homes, parents, churches, synagogues, where people may be engaging in this kind of thoughtful conversation around what they might choose to do. As for our body, I don’t think this is the place for us, if we’re actually going to be serious about governing,” said Hatcher.
Hatcher stated that the ideas in this legislation would be better taken up by the State Department of Education to thoughtfully consider how the language in the bill would impact the curriculum.
Hatcher was the lone no vote for the bill.
Butler introduced similar legislation during the 2024 legislative session, which died on the final day. Chairman Donnie Chesteen, R-Geneva, explained that he would not make any promises as to where the bill goes from here, as there are four days left in the legislative session.
“It’s a little late in the session to be bringing this bill… If you’re going to bring something like this next year, you need to get it early,” said Chesteen.
Chesteen also noted that as chairman he would take additional steps next session to screen bills to ensure they are relevant to the Education Policy Committee.
Now that the legislation has cleared the committee, it heads to the Senate for further consideration.
