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Transmissions: Common ground

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By the time you read this column, Florida's House of Representatives may have already voted on House Bill 1557/Senate Bill 1834.

The legislation is officially called the Parental Rights in Education bill, but you might better know it as the "Don't Say Gay" bill.Taking more than a few pages from the same organizers that brought the Briggs initiative to California in the 1970s (the failed ballot measure to ban LGBTQs from teaching in public schools), the bill would bar teachers from discussing LGBTQ issues or people in schools.

It would extend to school support services, such as counselors.As Human Rights Watch noted, "The bill would also require school personnel to notify parents of changes in a student's physical, mental, or emotional health.

It would significantly limit the ability of counselors and teachers to be a confidential resource for students, including LGBT students who may not feel safe or comfortable asking questions about sexual orientation or gender identity to family members."Let's also be clear: this won't just roll back protections for students, it will do real harm to LGBTQ students themselves.

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de facto medical intervention.It is also entirely inconsistent with constitutional and legal precedent. As one of us notes in a recent AEI report, the Supreme Court has explained that "our jurisprudence historically has reflected Western civilization concepts of the family as a unit with broad parental authority over minor children." In another case the Court declared that the "primary role of the parents in the upbringing of their children is now established beyond debate as an enduring American tradition." Generally, government officials can't override or even "review such parental decisions." While the courts have recognized limited rights for minors that can supersede parental objections, the Supreme Court has also stated that "the constitutional rights of children cannot be equated with those of adults," due to children's "inability to make critical decisions in an informed, mature manner" and the "importance of the parental role in child rearing." Thus, "Parental notice and consent are qualifications that typically may be imposed...on a minor's right to make important decisions."The dramatic shift away from this traditional moral and constitutional precedent has nothing to do with a dispassionate or scientific analysis of the human good.
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