HB 1608 started as a 'don't say gay' bill. Now it targets transgender names, pronouns

Jenny Porter Tilley, Arika Herron, Cate Charron and Kayla Dwyer, Indianapolis Star
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This year, LGBTQ advocates believe Indiana Republicans have proposed a record number of bills targeting transgender rights. House Bill 1608 is a proposal introduced at the Indiana Statehouse that seek to limit schools' and teachers' ability to talk about gender identity and sexual orientation in the classroom.

Indiana General Assembly 2023: Indiana school pronoun bill signed into law amid worries it'll 'out' transgender kids

The bill initially was written prohibit teaching about gender identity and sexual orientation in kindergarten through third grade. Modeled on similar legislation passed in Florida last year, which opponents dubbed the "don't say gay" bill, HB 1608 drew strong opposition from the LGBTQ community and its allies, who were concerned that the measure would be harmful for LGBTQ students.

When HB 1608 was heard in House Education Committee on Monday, Feb. 20, it took on a new life.

What was originally in Indiana's 'don't say gay' bill?

House Bill 1608 proposed that employees, school staff members or third party vendors "may not provide any instruction to a student in kindergarten through grade 3" with a goal to inform students about the following:

  • Gender fluidity

  • Gender roles

  • Gender stereotypes

  • Gender identity

  • Gender expression

  • Sexual orientation

Indiana General Assembly: Lawmakers to consider 'don't say gay' legislation in 2023

How did HB 1608 change to include transgender pronouns and names in Indiana schools?

On Feb. 20, the Indiana House committee on education essentially killed the "don't say gay" legislation and instead passed a measure in the bill that would prohibit schools from calling students by names or pronouns "inconsistent" with their sex assigned at birth without written permission from parents. It would also require schools to tell parents if their child requested such a change. The measure moved forward with a 9-4 committee vote.

New language in the bill said that school employees can only use a name or pronoun to identify a student that is "inconsistent with the student's birth" if:

  • The student is emancipated.

  • The student's parent requests it in writing.

  • The request is submitted at the beginning of school year.

Indiana HB 1608: Indiana 'don't say gay' bill changed to target transgender youth

It also said that the school must notify parents if a student requests a name or pronoun inconsistent with their sex. "Sex" is defined as "an individual's biological sex as either male or female based on the individual's genetics and reproductive biology at birth."

In April, the bill was pared down in the Senate. Lawmakers altered HB 1608 to only require parental notification rather than consent of change.

Who authored House Bill 1608?

  • Rep. Michelle Davis, R-Whiteland (author)

  • Rep. Jake Teshka, R-South Bend ( co-author)

  • Rep. Chris Jeter, R-Fishers (co-author)

  • Rep. Robert Heaton, R-Terre Haute (co-author)

An 'absolute onslaught': Indiana GOP targets transgender rights

Full text of Indiana House Bill 1608

Click here to read the latest version.

What's the status of HB 1608?

House Bill 1608 passed both the house and the senate. It was signed into law in early May by Indiana Gov. Eric Holcomb and goes into effect July 1.

What other transgender bills have moved forward?

On Feb. 22, a Senate committee moved forward Senate Bill 480, a bill banning gender-affirming health care for transgender kids.

While children in Indiana do not receive gender-affirming surgeries, they can receive medication that delays puberty and gender-affirming hormone treatments. Without access to these medications, transgender children would go through puberty and develop according to the sex they were assigned at birth.

Senate Bill 480 passed in the Senate, 36-12, in late February. It passed the House, 65-30, in late March.

SB 480: Holcomb signs bill banning transgender surgeries, puberty blockers for minors

Gov. Eric Holcomb has signed Senate Bill 480, the bill banning gender-affirming health care procedures for transgender minors, into law. Almost immediately, the ACLU filed a lawsuit to stop it from being implemented.

This article originally appeared on Indianapolis Star: Indiana House Bill 1608 has been signed into law. Here's what's in it