'Don't Say Gay' Bill Introduced By NJ State Senator

Update: This article now includes comments from State Sen. Edward Durr.

NEW JERSEY — A New Jersey state senator introduced a bill Monday that would ban instruction on sexual orientation or gender identity from kindergarten through sixth grade. Sen. Edward Durr's (R-3) bill echos legislation that has emerged throughout the nation to significantly curb the teaching of LGBT matters in schools.

Durr's bill would also require consent from parents or guardians for students in grades 7-12 for lessons that incorporate gender identity or sexual orientation. The bill would allow parents to sue schools that incorporate the topics into K-6 lessons or teach them in grades 7-12 without parental consent.

The Office of the Attorney General could also seek injunctions against schools districts or employees if they "knowingly violate" the proposed law. Additionally, the legislation would also allow the New Jersey commissioner of education to withhold state funds from a school district in violation.

Durr's bill cracking down on LGBT education largely resembles Florida's Parental Rights in Education Act, which critics have called the "Don't Say Gay Bill." The law — passed March 28 — prohibits instruction on sexual orientation and gender identity from grades K-3 in Florida public schools, along with lessons in any grade that are not "age appropriate or developmentally appropriate for students."

Durr remains the bill's only sponsor.

"My legislation is simple," Durr said via a spokesperson's email, "it will reverse the implementation of these new sex education standards and allow parents to determine if and when such curriculum should be offered to their children. My bill does not ‘ban’ the discussion of gender identity or sexual orientation among older students; it simply requires middle schools and high schools to inform parents and obtain written consent for any classroom discussion relating to these subjects." (Read Durr's full statement below.)

The bill appears unlikely to become New Jersey law amid Democratic control of both legislative chambers and the governorship. But that hasn't stopped GOP legislators in New Jersey from trying to pass similar efforts.

In January, Republican lawmakers re-introduced legislation from the previous session that would prohibit trans athletes from competing with or against athletes of their gender in scholastic sporting events. The bill allows for "analysis of the student's genital makeup" if their qualifications to compete with a certain gender are disputed.

State legislators around the country have introduced hundreds of anti-LGBT bills this year. These measures include bills that would criminalize gender-affirming health care for youth, along with Texas Gov. Greg Abbott's directive to open child-abuse investigations into parents who pursue gender-affirming care for their trans children. An Alabama law criminalizes medical providers for providing gender-affirming care. Missouri lawmakers have proposed banning gender-affirming care for adults younger than 25.

Similar measures would have a difficult path to passage in New Jersey, given the current party makeup of state officeholders. But that hasn't stopped the lightning-rod issue from hitting a fever pitch in the state.

State changes to sex-education curriculum — approved in 2020 and set to go into effect next school year — have come under fire in recent weeks. The resulting firestorm from some communities prompted Murphy to order the Department of Education to take another look at the standards. But Acting Commissioner Angelica Allen-McMillan defended the curriculum.

"Providing knowledge is necessary for students to make safe, informed decisions at the high school level," and to protect them from social pressures and dating violence, she said. Students need to be able to "communicate clearly when their trust and privacy has been violated." Read more: NJ Education Commissioner Defends New Sex Ed Standards

The curriculum is structured around three areas, according to Allen-McMillan: "personal and mental health, physical wellness and safety."

Parents in New Jersey can opt their children out of sex education. But in response to the updated sex-ed standards, State Sens. Kristin Corrado (R-40) and Anthony M. Bucco (R-25) introduced a "Parental Bill of Rights." The legislation is designed to give parents more information about what their children will learn in school and expand their power to "exclude their children from lessons that conflict with their values," Corrado said. Read more: Sex Ed And Frog Dissection: NJ Senators Pursue 'Parents Bill Of Right'

Murphy has pushed back against efforts to limit discussion on sexual orientation or gender identity in classrooms.

"I don’t like the fact that some are using this as an opportunity to score political points and to further divide us," Murphy said earlier this month. "I say that on behalf of the LGBTQIA+ communities. Let’s everybody not use this to divide us."

Read Durr's full statement on the bill:

"I have heard from countless parents in my district and throughout South Jersey who have expressed anger and frustration in response to New Jersey’s new sex education standards. They genuinely feel that their parental rights are being ignored by the Murphy Administration—something that is difficult to dispute.

Gender identity and sexual orientation are complicated subjects and I don’t think there are many people in New Jersey, or in the country, that believe teaching such subjects to first- and second-grade students is a good idea.

My legislation is simple—it will reverse the implementation of these new sex education standards and allow parents to determine if and when such curriculum should be offered to their children.

My bill does not ‘ban’ the discussion of gender identity or sexual orientation among older students; it simply requires middle schools and high schools to inform parents and obtain written consent for any classroom discussion relating to these subjects."