STF: majority is against law that allows parents to veto classes on gender

The majority of ministers of the Federal Supreme Court (STF) voted to overturn the law in Maranhão, which grants parents and guardians the right to not allow their children to participate in classes on sexual diversity, gender identity and related topics.

So far, six of the 11 ministers have voted in this regard: Gilmar Mendes, Alexandre de Morares, Dias Toffoli, Edson Fachin, Cristiano Zanin and Flávio Dino. The trial takes place in a virtual session until 11:59 pm this Friday (29).

The result is confirmed if there is no request for review (more time for analysis) or highlighting (referral to the physical plenary).

The rapporteur, minister Gilmar Mendes, said that the Supreme Court has already overturned the Espírito Santo law on the same subject, and that it must maintain the understanding that it is only up to the Union to propose laws on topics involving gender, gender identity and sexual orientation in schools.

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So far, the trial score is 2 votes to 0 against the changes. The votes were given by the rapporteur, Cármen Lúcia, and minister Luiz Fux

Zanin and Fachin accompanied Mendes, with the exception that the decision obliges schools to “ensure the pedagogical and methodological adequacy of content and approaches related to the themes of gender, identity and sexual orientation to the different stages, levels of education and stages of students’ physical, emotional and intellectual development”.

There is still no majority formed on whether or not the decision should bring this requirement to schools.

The right-wing unconstitutionality action (ADI) questioning the Maranhão law was opened by three entities: the National LGBTI+ Alliance, the Brazilian Association of Homotransaffective Families and the National Forum of Black and Black Transvestites and Transsexuals.