Kentucky “Don’t Say Gay” Law Disputed Over A Single Word

metroweekly.com:

veto of Democratic Gov. Andy Beshear to pass a wide-reaching measure that not only limits the teaching of LGBTQ-related information, but bans gender-affirming medical care for minors, restricts restroom access for transgender students, and allows misgendering of transgender students.As part of that bill, Republicans had intended to bar teaching human sexuality — regardless of orientation — until sixth grade, and to prohibit any mention of gender identity or sexual orientation in all K-12 classrooms, including in biology, history, and sexual education classes.

But the Kentucky Department of Education has argued, in the guidance provided to school districts, that the law’s exact language offers individual districts the option of deciding between delaying lessons on human sexuality until sixth grade or barring all mentions of LGBTQ-related content.As justification, the department cites the exact language of the law, which uses the word “or” rather than the word “and,”  opening the statute up to interpretation, reports the Associated Press.In its guidance, the state education department says that the sexual education portion of the law “presents districts with a choice.”As such, those districts that choose to enact the K-5 ban on human sexuality will be allowed to permit teachers to broach LGBTQ-related topics — as well as information on HIV and other sexually-transmitted diseases — in middle and high school biology and sex education classes.“Under this scenario, instruction on curriculum for human sexuality or sexually transmitted diseases at the high school level would not be impacted,” the guidance reads.“The Kentucky General Assembly chose to use the conjunction ‘or,’ not ‘and.’ When it comes to state law, words have.