united-states education
Are American &quot;no promo homo&quot; laws enforced?
<p>Seven US states have <a href="https://en.wikipedia.org/wiki/No_promo_homo_laws" rel="nofollow noreferrer">laws that limit the discussion of homosexuality in public schools</a>. Two other states previously had such laws.</p>

<p>How frequently, if at all, are these laws enforced or have previously been enforced, whether by forcing changes in schools or by punishing violators? I'm skeptical the laws are ever enforced because (a) I can't readily find news reports of anybody being prosecuted, and (b) several of the laws require teachers to tell students that gay sex is illegal, although it is actually legal throughout the US since <em>Lawrence v. Texas</em> (2003).</p>

<p>School districts / states do generally have the power to set the curriculum including the viewpoint that will be officially conveyed. One <a href="https://ncse.com/library-resource/ten-major-court-cases-evolution-creationism" rel="nofollow noreferrer">well-known major restriction</a> on such viewpoint restrictions is that the schools cannot restrict the free exercise of a religion, and cannot take a position on a religion. Apart from the religion third-rail, schools have pretty free reign in setting the curriculum, see <a href="http://www.opn.ca6.uscourts.gov/opinions.pdf/10a0334p-06.pdf" rel="nofollow noreferrer">Evans-Marshall v. Tipp City</a> for one instantiation. In this case, the teacher assigned various books, including <em>Heather Has Two Mommies</em>, one of the books that prompted an outcry. The upshot of that case is that a teacher cannot invoke the First Amendment to override policy.</p>

<p>This article (<a href="https://dc.law.utah.edu/cgi/viewcontent.cgi?article=1012&amp;context=scholarship" rel="nofollow noreferrer">draft version</a>, easier to handle) (<a href="http://columbialawreview.org/content/anti-gay-curriculum-laws/" rel="nofollow noreferrer">published version</a>, annoying footnote structure) reviews the topic, and section III covers prior cases. It notes that the cases of Lawrence, Windsor, Obergefell do not address the constitutionality of these education laws, though the reasoning in the prior cases might be applicable if there were a suit over curriculum. There is an implication that some of these rules have been enforced in the past, but most of the evidence is in the form of news stories (Beall v. London City School BOE is not available in the open). The article does engage in a somewhat deeper study of enforcement in Utah, where it was enforced (until it was repealed).</p>

<p>Enforcement is necessarily indirect. The law require school districts to have a particular curriculum; violation would come when an individual teacher taught contrary to the prescribed curriculum. Those laws do not contain any provision like "a teacher who violates these rules gets fired", instead, punishment is via the general rule that you have to teach what is in the state-mandated curriculum. Rather than officially terminating a teacher for violating this curricular guideline, districts use vague reasons for non-renewal such as "due  to  problems  with communication and teamwork" (from Evans-Marshall). </p>
