U.S. House Republicans on Friday passed the Parents Bill of Rights Act, a proposal that would require public schools to share educational materials with parents and also contains provisions that would trigger the outing of LGBTQ students without their consent.
Critics say the legislation’s professed purpose, to equip parents with the information necessary for them to better engage with their children’s educators, is a pretext for its ultimate goals: For schools to censor out content addressing race, or materials containing LGBTQ characters or themes, while also discouraging LGBTQ students from being out at school.
The Congressional Equality Caucus noted the likelihood of that outcome in a statement Friday denouncing the bill, which the group’s chair, U.S. Rep. Mark Takano (D-Calif.), called “dangerous” — pointing to its requirement for “schools to forcibly out transgender students, even if it puts those youth in harm’s way.”
“All children deserve access to a safe and affirming school environment,” Takano said in the statement. “Transgender youth have enough challenges already due to harassment, bullying, and anti-transgender state laws,” he said, adding, “My colleagues who voted for this bill should be ashamed.”
House members voted 213-208 for passage of the Parents Bill of Rights, or House Resolution 5, with Republican U.S. Reps. Andy Biggs (Ariz.), Ken Buck (Colo.), Matt Gaetz (Fla.), Mike Lawler (N.Y.) and Matt Rosendale (Mont.) voting against the legislation with every Democratic member. The bill was first introduced by GOP Rep. Julia Letlow (La.).
With Democrats’ control of the U.S. Senate, movement on the bill will almost certainly be stopped once it reaches the upper chamber, but it may nevertheless still have a harmful impact on the country’s LGBTQ youth.
For example, the National Institutes of Health published a peer reviewed study last year that found a link between anti-trans legislation and “suicide and depression-related Internet searches” using a dataset comprising 40 bills that were introduced and reached committee, of which three were passed and signed into law.
The caucus’ statement noted HR 5 contains “two provisions that would require schools that take steps to respect a student’s gender identity to forcibly out those transgender youth to their parents” along with another that would allow parents to access their children’s answers to survey questions, answers that might include information about a student’s sexual orientation or gender identity.
The risk that their parents will be able to see their answers will incentivize many students to lie about these and other questions, which the caucus said will undermine the federal government’s ability to collect important demographic, statistical and survey data on America’s LGBTQ youth.
Exacerbating that problem is another provision in the legislation, which requires parents to “opt-in” if their children would be asked to share their sexual orientation or gender identity.
America’s largest LGBTQ advocacy organization, the Human Rights Campaign, also issued a statement Friday condemning HR 5.
“The bill, which picks and chooses which families have rights and which don’t, has occupied the chamber’s time while extremist House leaders continue neglecting the very real and urgent problems facing our schools, such as gun violence, teacher shortages and educational inequality,” the group said in its statement.
HRC also noted the legislation’s potential to trigger forcible outing of LGBTQ youth “would endanger students instead of fulfilling school officials’ obligation to make judgments on a case-by-case basis in the best interests of the students under their supervision.”
The organization said it expects House Republicans to move “in coming weeks” on House Resolution 734, “a bill to ban participation by transgender youth in school sports,” and drew parallels between the Parents Bill of Rights Act and the “curriculum censorship seen in harmful, unnecessary bills passed in state legislatures recently.”
U.S. Rep. Melanie Stanbury (D-N.M.), a member of the Equality Caucus, echoed that message in her statement Friday, writing that HR 5 was “modeled after bills passed at the state level, which have censored the teaching of American history, allowed book bans, and violated the safety and privacy of transgender and LGBTQ+ students.”
The White House issued a Statement of Administration Policy on Monday addressing the bill, writing “the administration does not support HR 5 in its current form because the bill does not actually help parents support their children at school” and “moreover, instead of making LGBTQI+ students feel included in their school community, it puts them at higher risk.”