Keep Saying Gay: How Nationwide “Don’t Say Gay” Bills Violate the First Amendment, Chill Protected Speech, and Hinder Public Health Outcomes

On June 12, 2016, a man walked into a popular gay dance club in Orlando, FL and opened fire. 1 At the time, the Pulse shooting was called the deadliest mass shooting in United States history, with at least forty-nine dead and dozens more injured. 2This horrific hate crime targeted directly at the LGBTQ community during Pride festivities came after the Supreme Court handed down its landmark marriage equality decision in Obergefell v. Hodges, 3 increasing queer visibility throughout the country. 4Large swaths of the country came together to support the victims of the Pulse nightclub shooting, with local and national government officials issuing statements, vigils across the country, and the President and Vice President of the United States meeting with survivors and victims' families. 5This outpouring of support after Pulse was in stark contrast to the complete lack of response from government or public officials after the 1973 arson attack on the UpStairs Lounge in New Orleans, the previously most deadly incident targeting the LGBTQ community. 6 After thirty-two people, among them pro-LGBTQ church-goers, were killed in the fire, local and state officials almost entirely ignored the event. 7 Local churches even refused to host funerals for the victims of this arson. 8While both tragedies showcase clear targeting of the LGBTQ community, the government's response after the Pulse shooting showed a shifting of the tides toward acceptance, understanding, and recognition.Federally, it appeared that the United States was making positive progress for the queer