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California to mandate LGBT inclusion in curriculum

Bill would add disability, sexual orientation and gender identity to gender, race and other classes protected by existing state law.

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Jerry Brown, California, gay news, Washington Blade

California Gov. Jerry Brown. (Photo by Phil Konstantin)

On Thursday, after veto fears, California Governor Jerry Brown signed the historic FAIR (Fair, Accurate, Inclusive and Respectful) Education Act, authored by openly gay California state senator Mark Leno. The first law of its kind in the nation would compel schools to include some LGBT history in their curriculum. The state already mandates the representation of other under-represented groups in curriculum, and this act merely adds gay, lesbian, bisexual and transgender to the classes covered by existing law.

As the most populous state in the nation, and one of the nation’s largest textbook buyers, California’s decision will no-doubt influence textbooks in school districts outside of the state as well, possibly influencing attitudes toward gay and lesbian historical figures in schools across the nation.

According to Leno’s office, “the bill ensures that the historical contributions of lesbian, gay, bisexual and transgender (LGBT) people and disabled individuals are accurately and fairly portrayed in instructional materials by adding these groups to the existing list of under-represented cultural and ethnic groups already included in the state’s inclusionary education requirements.”

“There is no room for discrimination of any kind in our classrooms, our communities or our state,” said Dean E. Vogel, president of the California Teachers Association in the same statement from Sen. Leno’s office. “We believe that curricula should address the common values of the society, promote respect for diversity and cooperation, and prepare students to compete in, and cope with a complex and rapidly evolving society. SB 48 does that by helping to ensure that curricular materials include the contributions of persons with disabilities, lesbian, gay, bisexual, and transgender Americans to the development of California and United States.”

The California-based National Center for Lesbian Rights called it “one of the most important bills our community has ever championed.”

“The Fair, Accurate, Inclusive and Respectful (FAIR) Education Act — authored by Senator Mark Leno, sponsored by Equality California and Gay-Straight Alliance Network, and drafted with the help of NCLR — will help make schools safer for LGBT youth,” NCLR Executive Director Kate Kendell wrote in a statement Thursday. “It will ensure that LGBT people and issues are no longer left out of history and social science classes, and that all students have an opportunity to learn about the contributions of LGBT people throughout our history.”

According to some advocates, research indicates students who learn about LGBT people experience safer school environments for LGBT youth.

“In schools where the contributions of the LGBT community are included in educational instruction, bullying declined by over half and LGBT students were more likely to feel they have an opportunity to make positive contributions at school,” Equality California touted in a statement, Thursday. “The FAIR Education Act will bring classroom instruction into alignment with existing non-discrimination laws in California and would add the LGBT community to the existing list of underrepresented cultural and ethnic groups, which are covered by current law related to inclusion in textbooks and other instructional materials in schools.”

Some activists feared Governor Brown would be unwilling to sign the first-of-its-kind legislation, and many organizations and bloggers posted calls to action for the California LGBT community this week, encouraging supporters of the law to call and lobby for the Governor’s signature. Strong opposition to the bill formed in the days before its signature, and many anti-gay groups attempted to mobilize their memberships to pressure the Governor to veto the bill. In the end, the Governor opted to make history in California.

The full text of the bill follows.

BILL NUMBER: SB 48 ENROLLED
BILL TEXT

PASSED THE SENATE APRIL 14, 2011
PASSED THE ASSEMBLY JULY 5, 2011
AMENDED IN SENATE MARCH 29, 2011

INTRODUCED BY Senator Leno
(Principal coauthor: Senator Kehoe)
(Principal coauthors: Assembly Members Ammiano, Atkins, Gordon,
and Lara)
(Coauthors: Senators Alquist, Hancock, Lowenthal, Pavley, Price,
and Yee)
(Coauthors: Assembly Members Allen, Blumenfield, Fong, Galgiani,
Hayashi, Huffman, Bonnie Lowenthal, Mendoza, Portantino, and Yamada)

DECEMBER 13, 2010

An act to amend Sections 51204.5, 51500, 51501, 60040, and 60044
of the Education Code, relating to instruction.

LEGISLATIVE COUNSEL’S DIGEST

SB 48, Leno. Pupil instruction: prohibition of discriminatory
content.

Existing law requires instruction in social sciences to include a
study of the role and contributions of both men and women and
specified categories of persons to the development of California and
the United States.

This bill would update references to certain categories of persons
and additionally would require instruction in social sciences to
include a study of the role and contributions of lesbian, gay,
bisexual, and transgender Americans, persons with disabilities, and
members of other cultural groups, to the development of California
and the United States.

Existing law prohibits instruction or school sponsored activities
that promote a discriminatory bias because of race, sex, color,
creed, handicap, national origin, or ancestry. Existing law prohibits
the State Board of Education and the governing board of any school
district from adopting textbooks or other instructional materials
that contain any matter that reflects adversely upon persons because
of their race, sex, color, creed, handicap, national origin, or
ancestry.

This bill would revise the list of characteristics included in
these provisions by referring to race or ethnicity, gender, religion,
disability, nationality, and sexual orientation, or other
characteristic listed as specified.

Existing law prohibits a governing board of a school district from
adopting instructional materials that contain any matter reflecting
adversely upon persons because of their race, color, creed, national
origin, ancestry, sex, handicap, or occupation, or that contain any
sectarian or denominational doctrine or propaganda contrary to law.

This bill would revise the list of characteristics included in
this provision to include race or ethnicity, gender, religion,
disability, nationality, sexual orientation, and occupation, or other
characteristic listed as specified.

Existing law requires that when adopting instructional materials
for use in the schools, governing boards of school districts shall
include materials that accurately portray the role and contributions
of culturally and racially diverse groups including Native Americans,
African Americans, Mexican Americans, Asian Americans, European
Americans, and members of other ethnic and cultural groups to the
total development of California and the United States.

This bill would revise the list of culturally and racially diverse
groups to also include Pacific Islanders, lesbian, gay, bisexual,
and transgender Americans, and persons with disabilities.

Existing law provides that there shall be no discrimination on the
basis of specified characteristics in any operation of alternative
schools or charter schools.

This bill would state the intent of the Legislature that
alternative and charter schools take notice of the provisions of this
bill in light of provisions of existing law that prohibit
discrimination in any aspect of their operation.

This bill also would make other technical, nonsubstantive changes.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 51204.5 of the Education Code is amended to
read:

51204.5. Instruction in social sciences shall include the early
history of California and a study of the role and contributions of
both men and women, Native Americans, African Americans, Mexican
Americans, Asian Americans, Pacific Islanders, European Americans,
lesbian, gay, bisexual, and transgender Americans, persons with
disabilities, and members of other ethnic and cultural groups, to the
economic, political, and social development of California and the
United States of America, with particular emphasis on portraying the
role of these groups in contemporary society.

SEC. 2. Section 51500 of the Education Code is amended to read:

51500. A teacher shall not give instruction and a school district
shall not sponsor any activity that promotes a discriminatory bias
on the basis of race or ethnicity, gender, religion, disability,
nationality, sexual orientation, or because of a characteristic
listed in Section 220.

SEC. 3. Section 51501 of the Education Code is amended to read:

51501. The state board and any governing board shall not adopt
any textbooks or other instructional materials for use in the public
schools that contain any matter reflecting adversely upon persons on
the basis of race or ethnicity, gender, religion, disability,
nationality, sexual orientation, or because of a characteristic
listed in Section 220.

SEC. 4. Section 60040 of the Education Code is amended to read:

60040. When adopting instructional materials for use in the
schools, governing boards shall include only instructional materials
which, in their determination, accurately portray the cultural and
racial diversity of our society, including:

(a) The contributions of both men and women in all types of roles,
including professional, vocational, and executive roles.

(b) The role and contributions of Native Americans, African
Americans, Mexican Americans, Asian Americans, Pacific Islanders,
European Americans, lesbian, gay, bisexual, and transgender
Americans, persons with disabilities, and members of other ethnic and
cultural groups to the total development of California and the
United States.

(c) The role and contributions of the entrepreneur and labor in
the total development of California and the United States.

SEC. 5. Section 60044 of the Education Code is amended to read:

60044. A governing board shall not adopt any instructional
materials for use in the schools that, in its determination, contain:

(a) Any matter reflecting adversely upon persons on the basis of
race or ethnicity, gender, religion, disability, nationality, sexual
orientation, occupation, or because of a characteristic listed in
Section 220.

(b) Any sectarian or denominational doctrine or propaganda
contrary to law.

SEC. 6. It is the intent of the Legislature that alternative and
charter schools take notice of the provisions of this act in light of
Section 235 of the Education Code, which prohibits discrimination on
the basis of disability, gender, nationality, race or ethnicity,
religion, sexual orientation, or other specified characteristics in
any aspect of the operation of alternative and charter schools.

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Pennsylvania

Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.

State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate

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President Joe Biden, Malcolm Kenyatta, and Vice President Kamala Harris (Official White House Photo by Adam Schultz)

Following his win in the Democratic primary contest on Wednesday, Pennsylvania state Rep. Malcolm Kenyatta, who is running for auditor general, is positioned to potentially become the first openly LGBTQ elected official serving the commonwealth.

In a statement celebrating his victory, LGBTQ+ Victory Fund President Annise Parker said, “Pennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because that’s exactly what he’s been as a legislator.”

“LGBTQ+ Victory Fund is all in for Malcolm, because we know he has the experience to win this race and carry on his fight for students, seniors and workers as Pennsylvania’s auditor general,” she said.

Parker added, “LGBTQ+ Americans are severely underrepresented in public office and the numbers are even worse for Black LGBTQ+ representation. I look forward to doing everything I can to mobilize LGBTQ+ Pennsylvanians and our allies to get out and vote for Malcolm this November so we can make history.” 

In April 2023, Kenyatta was appointed by the White House to serve as director of the Presidential Advisory Commission on Advancing Educational Equity, Excellence and Economic Opportunity for Black Americans.

He has been an active surrogate in the Biden-Harris 2024 reelection campaign.

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The White House

White House debuts action plan targeting pollutants in drinking water

Same-sex couples face higher risk from environmental hazards

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President Joe Biden speaks with reporters following an Earth Day event on April 22, 2024 (Screen capture: Forbes/YouTube)

Headlining an Earth Day event in Northern Virginia’s Prince William Forest on Monday, President Joe Biden announced the disbursement of $7 billion in new grants for solar projects and warned of his Republican opponent’s plans to roll back the progress his administration has made toward addressing the harms of climate change.

The administration has led more than 500 programs geared toward communities most impacted by health and safety hazards like pollution and extreme weather events.

In a statement to the Washington Blade on Wednesday, Brenda Mallory, chair of the White House Council on Environmental Quality, said, “President Biden is leading the most ambitious climate, conservation, and environmental justice agenda in history — and that means working toward a future where all people can breathe clean air, drink clean water, and live in a healthy community.”

“This Earth Week, the Biden-Harris Administration announced $7 billion in solar energy projects for over 900,000 households in disadvantaged communities while creating hundreds of thousands of clean energy jobs, which are being made more accessible by the American Climate Corps,” she said. “President Biden is delivering on his promise to help protect all communities from the impacts of climate change — including the LGBTQI+ community — and that we leave no community behind as we build an equitable and inclusive clean energy economy for all.”

Recent milestones in the administration’s climate policies include the U.S. Environmental Protection Agency’s issuance on April 10 of legally enforceable standard for detecting and treating drinking water contaminated with polyfluoroalkyl substances.

“This rule sets health safeguards and will require public water systems to monitor and reduce the levels of PFAS in our nation’s drinking water, and notify the public of any exceedances of those levels,” according to a White House fact sheet. “The rule sets drinking water limits for five individual PFAS, including the most frequently found PFOA and PFOS.”

The move is expected to protect 100 million Americans from exposure to the “forever chemicals,” which have been linked to severe health problems including cancers, liver and heart damage, and developmental impacts in children.

An interactive dashboard from the United States Geological Survey shows the concentrations of polyfluoroalkyl substances in tapwater are highest in urban areas with dense populations, including cities like New York and Los Angeles.

During Biden’s tenure, the federal government has launched more than 500 programs that are geared toward investing in the communities most impacted by climate change, whether the harms may arise from chemical pollutants, extreme weather events, or other causes.

New research by the Williams Institute at the UCLA School of Law found that because LGBTQ Americans are likelier to live in coastal areas and densely populated cities, households with same-sex couples are likelier to experience the adverse effects of climate change.

The report notes that previous research, including a study that used “national Census data on same-sex households by census tract combined with data on hazardous air pollutants (HAPs) from the National Air Toxics Assessment” to model “the relationship between same-sex households and risk of cancer and respiratory illness” found “that higher prevalence of same-sex households is associated with higher risks for these diseases.”

“Climate change action plans at federal, state, and local levels, including disaster preparedness, response, and recovery plans, must be inclusive and address the specific needs and vulnerabilities facing LGBT people,” the Williams Institute wrote.

With respect to polyfluoroalkyl substances, the EPA’s adoption of new standards follows other federal actions undertaken during the Biden-Harris administration to protect firefighters and healthcare workers, test for and clean up pollution, and phase out or reduce use of the chemicals in fire suppressants, food packaging, and federal procurement.

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Maine

Maine governor signs transgender, abortion sanctuary bill into law

Bomb threats made against lawmakers before measure’s passage

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Maine Gov. Janet Mills congratulates members of Maine Women's Basketball. In March the team won the America East championship. (Photo courtesy of Mills’s office)

BY ERIN REED | On Tuesday, Maine Gov. Janet Mills signed LD 227, a sanctuary bill that protects transgender and abortion providers and patients from out-of-state prosecution, into law.

With this action, Maine becomes the 16th state to explicitly protect trans and abortion care in state law from prosecution. This follows several bomb threats targeting state legislators after social media attacks from far-right anti-trans influencers such as Riley Gaines and Chaya Raichik of Libs of TikTok.

An earlier version of the bill failed in committee after similar attacks in January. Undeterred, Democrats reconvened and added additional protections to the bill before it was passed into law.

The law is extensive. It asserts that gender-affirming care and reproductive health care are “legal rights” in Maine. It states that criminal and civil actions against providers and patients are not enforceable if the provision or access to that care occurred within Maine’s borders, asserting jurisdiction over those matters.

It bars cooperation with out-of-state subpoenas and arrest warrants for gender-affirming care and abortion that happen within the state. It even protects doctors who provide gender-affirming care and abortion from certain adverse actions by medical boards, malpractice insurance, and other regulating entities, shielding those providers from attempts to economically harm them through out-of-state legislation designed to dissuade them from providing care.

You can see the findings section of the bill here:

The bill also explicitly enshrines the World Professional Association of Transgender Health’s Standards of Care, which have been the target of right-wing disinformation campaigns, into state law for the coverage of trans healthcare:

The bill is said to be necessary due to attempts to prosecute doctors and seek information from patients across state lines. In recent months, attorneys general in other states have attempted to obtain health care data on trans patients who traveled to obtain care. According to the U.S. Senate Finance Committee, attorneys general in Tennessee, Indiana, Missouri, and Texas attempted to obtain detailed medical records “to terrorize transgender teens in their states … opening the door to criminalizing women’s private reproductive health care choices.”

The most blatant of these attempts was from the attorney general of Texas, who, according to the Senate Finance Committee, “sent demands to at least two non-Texas entities.” One of these entities was Seattle Children’s Hospital, which received a letter threatening administrators with arrest unless they sent data on Texas patients traveling to Seattle to obtain gender-affirming care.

Seattle Children’s Hospital settled that case out of court this week, agreeing to withdraw its Texas business registration in return for Texas dropping its investigation. This likely will have no impact on Seattle Children’s Hospital, which has stated it did not treat any youth via telemedicine or in person in Texas; the hospital will be able to continue treating Texas youth who travel outside of Texas to obtain their care. That settlement was likely compelling due to a nearly identical law in Washington that barred out-of-state investigations on trans care obtained solely in the state of Washington.

The bill has faced a rocky road to passage. A similar bill was debated in January, but after coming under intense attack from anti-trans activists who misleadingly called it a “transgender trafficking bill,” the bill was voluntarily withdrawn by its sponsor.

When LD 227 was introduced, it faced even more attacks from Gaines and Libs of TikTok. These attacks were followed by bomb threats that forced the evacuation of the legislature, promising “death to pedophiles” and stating that a bomb would detonate within a few hours in the capitol building.

Despite these threats, legislators strengthened both the abortion and gender-affirming care provisions and pressed forward, passing the bill into law. Provisions found in the new bill include protecting people who “aid and assist” gender-affirming care and abortion, protections against court orders from other states for care obtained in Maine, and even protections against adverse actions by health insurance and malpractice insurance providers, which have been recent targets of out-of-state legislation aimed at financially discouraging doctors from providing gender-affirming care and abortion care even in states where it is legal.

See a few of the extensive health insurance and malpractice provisions here:

Speaking about the bill, Gia Drew, executive director of Equality Maine, said in a statement, “We are thrilled to see LD 227, the shield bill, be signed into law by Gov. Mills. Thanks to our pro equality and pro reproductive choice elected officials who refused to back down in the face of disinformation. This bill couldn’t come into effect at a better time, as more than 40 percent of states across the country have either banned or attempted to block access to reproductive care, which includes abortions, as well as transgender healthcare for minors. Thanks to our coalition partners who worked tirelessly to phone bank, lobby, and get this bill over the finish line to protect community health.” 

Related

Destie Hohman Sprague of the Maine Women’s Lobby celebrated the passage of the bill despite threats of violence, saying in a statement, “A gender-just Maine ensures that all Mainers have access to quality health care that supports their mental and physical wellbeing and bodily autonomy, including comprehensive reproductive and gender-affirming care. We celebrate the passage of LD 227, which helps us meet that goal. Still, the patterns of violence and disinformation ahead of the vote reflected the growing connections between misogyny, extremism, and anti-democratic threats and actions. We must continue to advocate for policies that protect bodily autonomy, and push back against extremist rhetoric that threatens our states’ rights and our citizens’ freedoms.”

The decision to pass the legislation comes as the Biden administration released updated HIPAA protections that protect “reproductive health care” from out-of-state prosecutions and investigations.

Although the definition of “reproductive health care” is broad in the new HIPAA regulations, it is uncertain whether they will include gender-affirming care. For at least 16 states, though, gender-affirming care is now explicitly protected by state law and shielded from out-of-state legislation, providing trans people and those seeking abortions with protections as the fight increasingly crosses state lines.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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