National
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.
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.
U.S. Supreme Court
Supreme Court to consider bans on trans athletes in school sports
27 states have passed laws limiting participation in athletics programs
The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.
In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.
The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”
In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.
The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.
“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.
He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”
“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”
Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”
Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.
Federal Government
UPenn erases Lia Thomas’s records as part of settlement with White House
University agreed to ban trans women from women’s sports teams
In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.
The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”
The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.
“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”
Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”
Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”
“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”
Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.
Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.
The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.
New York
Two teens shot steps from Stonewall Inn after NYC Pride parade
One of the victims remains in critical condition
On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.
According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.
The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.
The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.
In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.
The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.
New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.
“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”
Trans cyclist’s victory sparks outrage in conservative media
Activist recalls experience in Tel Aviv after Israel-Iran war began
Congress passes ‘Big, Beautiful Bill’ with massive cuts to health insurance coverage
Nina West’s ‘Sugar in the Tank’ tour comes to Rehoboth Beach
Supreme Court to consider bans on trans athletes in school sports
Upwards of 100K people march in Budapest Pride
Supreme Court to consider bans on trans athletes in school sports
Celebrate the Fourth of July the gay way!
Silver Spring holds annual Pride In The Plaza
