Schools have been the center of laws concerning LGBTQ issues, race and religion.

By Kiara Alfonseca
August 15, 2024

As students across the United States head back to school, classrooms may begin to feel the effects of laws concerning LGBTQ issues, race and religion that have recently been passed and signed by their local legislators.

What laws are schools facing in your state?

Alabama

Republican Gov. Kay Ivey signed a “divisive concepts” bill set to go into effect in October, which prohibits public colleges and universities from promoting, sponsoring or maintaining diversity, equity and inclusion (DEI) offices and programs.

It also bans these institutions from including certain "divisive concepts" on race, gender, sex or religion in the classroom curriculum.

California

In July, Democratic California Gov. Gavin Newsom signed a ban on "forced outings" of trans and non-binary students in schools.

The law was implemented to challenge local school districts that required teachers to notify parents if their child identifies as transgender or changes the name or pronouns other than what aligns with the sex they were assigned at birth.

Florida

Republican Gov. Ron DeSantis signed a law that authorizes unlicensed religious volunteer school chaplains to provide counseling services.

Another law bans “identity politics” or any instruction “that systemic racism, sexism, oppression and privilege are inherent in the institutions of the United States and were created to maintain social, political and economic inequities” from being included in college and university teacher-preparation programs.

Minnesota

In June, Democratic Minnesota Gov. Tim Walz – now a vice presidential nominee for the Democratic ticket – signed a law prohibiting book bans in schools and libraries amid a record-breaking rise in attempts to censor library and school books, materials and resources.

Idaho

Republican Gov. Brad Little signed a law banning any material – books, movies and more – describing or depicting nudity, sexual conduct, sexual excitement or sado-masochistic abuse from a school or public library if such material is given or is available to a minor.

He also signed a law banning required statements about DEI in hiring and admissions decisions – or any statement on a candidate's race, sex, color, ethnicity or sexual orientation.

Little also signed a law that bans public school employees from using a trans student's preferred pronouns or name without parental permission. Teachers also will be allowed to refuse to use a trans student’s preferred name or pronoun.

Indiana

Republican Gov. Eric Holcomb signed Senate Bill 202, which requires school diversity committees to consider and review “intellectual diversity” – which is defined in the legislation as having “multiple, divergent and varied scholarly perspectives on an extensive range of public policy issues.”

The law would punish faculty – including the potential to revoke tenure or promotion – if they are “unlikely to foster a culture” of intellectual diversity or do not expose students to works “from a variety of political or ideological frameworks that may exist within and are applicable to the faculty member's academic discipline.”

Iowa

Republican Gov. Kim Reynolds signed an anti-diversity, equity and inclusion bill that bans DEI offices, positions related to DEI or any statements in favor of DEI.

“Diversity, equity and inclusion” programs are identified as programs or policies implemented or designed with reference to race, color, ethnicity, gender or sexual orientation.

It also includes restrictions on programs that provide “special benefits” or “differential treatment” of people of different races.

Additionally, the law bans efforts to promote ideas concerning unconscious or implicit bias, cultural appropriation, allyship, transgender ideology, microaggressions, antiracism, racial privilege, sexual privilege, gender theory and others.

Additionally, Reynolds signed a sweeping education law that bans books with any depictions of sex and sexual contact in grades K-12 and bans references to sexual orientation or gender identity in classroom instruction or material from kindergarten to the sixth grade.

Kansas

Democratic Gov. Laura Kelly allowed a bill banning colleges and universities from requiring prospective students and faculty to make statements about their views on DEI programs to become law without her signature.

Kelly signed a bill barring health care providers from administering any drug or test or conducting behavioral health treatment without parental consent.

Louisiana

Republican Gov. Jeff Landry signed a slate of culture wars legislation set to impact students this year. One law bans K-12 teachers from discussing gender or sexual orientation.

He also signed a law that bans teachers from using a trans student's pronouns or preferred name without parental permission. Teachers are allowed to refuse to use a trans student’s preferred name or pronouns.

Another law bans trans students from using bathrooms that don't match their sex assigned at birth in schools.

Mississippi

Republican Gov. Tate Reeves signed a law that bans trans students from using bathrooms that don't match their sex assigned at birth.

New Hampshire

Republican Gov. Chris Sununu signed a law barring transgender girls from competing on girls sports teams in grades 5 to 12.
South Carolina

A law signed by Gov. Henry McMaster in May requires public school employees and faculty to notify a student’s parent or legal guardian if they ask to be referred to by a name or pronoun that does not align with their sex assigned at birth or if their gender is not consistent with their sex assigned at birth.

Tennessee

Republican Gov. Bill Lee signed a bill into law barring health care providers from administering any medication, conducting psychological services or counseling services without parental consent – with certain exceptions.

It also bars public school employees from withholding information about the physical, emotional or mental health of a student from their parents.

Another law requires that school employees notify administrators and a student’s parents if a student requests pronouns or a name that does not align with the student’s sex assigned at birth.

Another policy change allows families to abstain from material concerning sexual orientation and gender identity.

Utah

Republican Gov. Spencer Cox signed several bills into law that touch on key culture war issues.

One new law requires all schools to remove a book if school officials from at least three school districts or at least two school districts and five charter schools have determined that a book constitutes "objective sensitive material.”

"Objective sensitive material" is defined under the law as an instructional material that constitutes pornographic or indecent material, which is further defined in Utah law as depicting or describing sex or nudity while also lacking "serious value" for minors.

This has led to the banning of books by Judy Blume, Rupi Kaur, Margaret Atwood, Sarah J. Maas and others, in what free speech advocates say is the first statewide book ban.

Another law prohibits diversity, equity and inclusion programs or demographic-based scholarships and initiatives, as well as any program or policy that discusses privilege based on gender or race, social-political power structures, and other topics on race, sex and gender.

Cox additionally signed a law barring transgender students from using restrooms and changing facilities that align with their gender identity.