Rokita calls for stronger enforcement of Indiana sex education ban

The Lead Off

• Indiana Attorney General Todd Rokita calls for stronger enforcement of the state’s ban on teaching human sexuality to preschool through third grade.
• The ACLU of Indiana voluntarily dismissed its lawsuit challenging the law after a federal appeals court denied its request to block enforcement.
• Rokita questions the Department of Education’s ability to enforce the law and urges lawmakers to give it more “teeth.”

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INDIANAPOLIS, IND. (WOWO) — Indiana Attorney General Todd Rokita said Thursday he has little confidence in the Indiana Department of Education’s ability to enforce the state’s ban on teaching human sexuality to public schoolchildren from preschool through third grade.

The law, often referred to as the “Don’t Say Gay” law, prohibits public schoolteachers, employees, and third-party vendors from providing instruction on human sexuality to students in those early grades according to the Indiana Capital Chronicle.

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ACLU withdraws lawsuit
The American Civil Liberties Union of Indiana previously filed a lawsuit on behalf of an Indianapolis Public Schools teacher, arguing the law violated her right to free expression. The ACLU withdrew the case after a federal appeals court denied its request to block enforcement in April.

Rokita called the withdrawal a “major victory for parents’ rights.” He said on social media Monday: “Multiple courts ruled in our favor, so they finally threw in the towel, and rightfully so. … Get rid of this kind of instruction for every grade because woke nonsense doesn’t belong in our schools.”

A spokesperson for the ACLU of Indiana emphasized the organization’s continuing concerns. McKenzie Conrad said, “Vague censorship laws chill speech and leave educators questioning how to serve their students without risking discipline. We will continue to oppose laws that invite classroom censorship and make it harder for educators to support all students.”

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Rokita calls for stronger enforcement
Rokita said he plans to continue defending the law against any future challenges in court. However, he raised concerns about whether the Department of Education can effectively enforce it.

The attorney general cited 14 teachers whose licenses were revoked this year due to criminal convictions as a measure of current enforcement standards. “That’s the standard we’re on over here at the Department of Education — that you lose your licenses after you’re convicted of a crime,” Rokita said. “So I don’t have much confidence in this statute that the Department of Education is going to enforce this human sexuality teaching prohibition here in the state of Indiana, but I await to be pleasantly surprised. Otherwise, we’ve got to put better enforcement teeth in this.”

The authority to suspend or revoke a teaching license lies with the Indiana Office of Administrative Law Proceedings following an investigation by the Department of Education. The Department did not immediately respond to requests for comment or clarification on its enforcement standards.

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The Takeaway

• Indiana’s “Don’t Say Gay” law remains in effect for preschool through third grade, following the ACLU’s voluntary dismissal of its lawsuit.
• Attorney General Todd Rokita has urged lawmakers to strengthen enforcement measures to ensure compliance.
• The Department of Education holds investigative authority, but the final decision to suspend or revoke licenses rests with the Indiana Office of Administrative Law Proceedings.

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