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Old 07-10-2022, 03:31 PM   #23
Edward64
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Join Date: Oct 2005
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I have 3 questions for you.
1) Do you believe the FL law "instruct" = "mention". In other words, the FL law does not allow a teacher to say "I am gay and am married to X"?
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Well let's put this one out in the open. I believe that anything that a teacher says in his or her classroom during the school day can be deemed as instruction based on their position of power with the students. As I see it, the distinction between "mention" and "instruction" is based on what the student does with the information that the teacher mentioned.
As I stated to Lathum in an earlier post, if you do believe "instruct" = "mention", that is the crux of our disagreement and why you believe it is a "don't say gay" bill and I don't. Hopefully it will be resolved soon through school administration (? but probably unlikely) or by the FL courts.

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2) What is your issue with not allowing "instruction by school personnel or third parties on sexual orientation or gender identity" for 3rd graders assuming gay and straight teachers are held to the same standards?

Are you okay with FL bill if held to same standards for gay & straight?

Or you do you think these topics should be discussed by a teacher (regardless of sexual orientation) in a 3rd grade classroom?
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The issue is that you can not teach 3rd grade without discussing sexual orientation or gender identity. Heterosexuality is a sexual orientation. Though not medically sound, male and female are considered acceptable gender identities. If your instruction included husbands and wives, boyfriends and girlfriends, "Heather Has A Mommy and A Daddy", you are discussing sexual orientation and gender identity. If you are selecting blue for boys and pink for girls, you are discussing gender stereotypes. If you discourage a boy from playing with dolls or discouraging a girl from playing football with the boys, that is instructing on a gender stereotype. The fact that we both acknowledge it is not about banning sexual orientation and gender identity in general but discussions about specific sexual orientation and specific identities just an add on. The examples of who it is being taught by were just to make the issues more clear.
I do believe gay and straight teachers can teach 3rd grade without "overstepping the intent/substance" of the FL bill. It comes back to "instruct" = "mention" which you/Lathum and I have a significant difference of opinion on.

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3) I've provided you examples in the corporate world where there are limitations on what can/should be said to others at a higher/lower and (importantly) same level. Although these restrictions are not legally binding, they are formal/informal corporate rules and employees may be punished/terminated for inappropriate communication. Why not in same setting in schools?
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I think I addressed this one but just in case I will do so. First off, I gave you very specific examples that if you were to make a comparison, the closest one in relevance would be worker to client. There are things that teachers cannot say to their students in general. There are specific things that are inappropriate for a male teacher to say to a student compared to a female teacher and vice versa. There are specific things that are inappropriate for a straight teacher to say to a student compared to a gay teacher and vice versa. There are inappropriate things that a religious teacher can say to a student compared to a no religious teacher and vice versa. None of the examples that I provided fit that description unless you are of the belief that who was speaking in each example would influence the child in one way or the other just based on their sexual orientation and not the substance of what was said. If you don't want the gay guy to discuss his husband, tell the straight woman not to do the same or only hire people of a particular sexual orientation and deal with the legal consequences. Problem solved.
The FL law, as written is neutral. In theory, the gay and straight teachers will be allowed to say the same things and restricted in saying the same things.

In practice, we know there will be lawsuits on how the law will be inconsistently applied. I earlier said below and believe ...

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If FL really wants to keep this law, they better make sure it's applied as written & consistent (and amend as needed). Otherwise, there will be a ton of lawsuits challenging different standards on gay vs straight (as there should be).

Last edited by Edward64 : 07-10-2022 at 03:41 PM.
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