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.
National
US bishops ban gender-affirming care at Catholic hospitals
Directive adopted during meeting in Baltimore.
The U.S. Conference of Catholic Bishops this week adopted a directive that bans Catholic hospitals from offering gender-affirming care to their patients.
Since ‘creation is prior to us and must be received as a gift,’ we have a duty ‘to protect our humanity,’ which means first of all, ‘accepting it and respecting it as it was created,’” reads the directive the USCCB adopted during their meeting that is taking place this week in Baltimore.
The Washington Blade obtained a copy of it on Thursday.
“In order to respect the nature of the human person as a unity of body and soul, Catholic health care services must not provide or permit medical interventions, whether surgical, hormonal, or genetic, that aim not to restore but rather to alter the fundamental order of the human body in its form or function,” reads the directive. “This includes, for example, some forms of genetic engineering whose purpose is not medical treatment, as well as interventions that aim to transform sexual characteristics of a human body into those of the opposite sex (or to nullify sexual characteristics of a human body.)”
“In accord with the mission of Catholic health care, which includes serving those who are vulnerable, Catholic health care services and providers ‘must employ all appropriate resources to mitigate the suffering of those who experience gender incongruence or gender dysphoria’ and to provide for the full range of their health care needs, employing only those means that respect the fundamental order of the human body,” it adds.
The Vatican’s Dicastery for the Doctrine of the Faith in 2024 condemned gender-affirming surgeries and “gender theory.” The USCCB directive comes against the backdrop of the Trump-Vance administration’s continued attacks against the trans community.
The U.S. Supreme Court in June upheld a Tennessee law that bans gender-affirming medical interventions for minors.
Media reports earlier this month indicated the Trump-Vance administration will seek to prohibit Medicaid reimbursement for medical care to trans minors, and ban reimbursement through the Children’s Health Insurance Program for patients under 19. NPR also reported the White House is considering blocking all Medicaid and Medicare funding for hospitals that provide gender-affirming care to minors.
“The directives adopted by the USCCB will harm, not benefit transgender persons,” said Francis DeBernardo, executive director of New Ways Ministry, a Maryland-based LGBTQ Catholic organization, in a statement. “In a church called to synodal listening and dialogue, it is embarrassing, even shameful, that the bishops failed to consult transgender people, who have found that gender-affirming medical care has enhanced their lives and their relationship with God.”
President Donald Trump on Wednesday signed a bill that reopens the federal government.
Six Democrats — U.S. Reps. Jared Golden (D-Maine), Marie Gluesenkamp Perez (D-Wash.), Adam Gray (D-Calif.), Don Davis (D-N.C.), Henry Cuellar (D-Texas), and Tom Suozzi (D-N.Y.) — voted for the funding bill that passed in the U.S. House of Representatives. Two Republicans — Thomas Massie (R-Ky.) and Greg Steube (R-Fla.) — opposed it.
The 43-day shutdown is over after eight Democratic senators gave in to Republicans’ push to roll back parts of the Affordable Care Act. According to CNBC, the average ACA recipient could see premiums more than double in 2026, and about one in 10 enrollees could lose a premium tax credit altogether.
These eight senators — U.S. Sens. Catherine Cortez Masto (D-Nev.), Dick Durbin (D-Ill.), John Fetterman (D-Pa.), Maggie Hassan (D-N.H.), Tim Kaine (D-Va.), Angus King (I-Maine), Jacky Rosen (D-Nev.), and Jeanne Shaheen (D-N.H.) — sided with Republicans to pass legislation reopening the government for a set number of days. They emphasized that their primary goal was to reopen the government, with discussions about ACA tax credits to continue afterward.
None of the senators who supported the deal are up for reelection.
King said on Sunday night that the Senate deal represents “a victory” because it gives Democrats “an opportunity” to extend ACA tax credits, now that Senate Republican leaders have agreed to hold a vote on the issue in December. (The House has not made any similar commitment.)
The government’s reopening also brought a win for Democrats’ other priorities: Arizona Congresswoman Adelita Grijalva was sworn in after a record-breaking delay in swearing in, eventually becoming the 218th signer of a discharge petition to release the Epstein files.
This story is being updated as more information becomes available.
U.S. Military/Pentagon
Serving America, facing expulsion: Fight for trans inclusion continues on Veterans Day
Advocates sue to reverse Trump ban while service members cope with new struggles
President Trump signed EO 14183, titled “Prioritizing Military Excellence and Readiness,” on Jan. 27, directing the Department of Defense (DoD) to adopt policies that would prohibit transgender, nonbinary, and gender-nonconforming people from serving in the military.
The Trump-Vance administration’s policy shift redefines the qualifications for military service, asserting that transgender people are inherently incapable of meeting the military’s “high standards of readiness, lethality, cohesion, honesty, humility, uniformity, and integrity,” citing a history or signs of gender dysphoria. According to the DoD, this creates “medical, surgical, and mental health constraints on [an] individual.” Regardless of their physical or intellectual capabilities, transgender applicants are now considered less qualified than their cisgender peers.
On Jan. 28, 2025, GLBTQ Legal Advocates and Defenders (GLAD) Law and the National Center for LGBTQ Rights (NCLR) filed Talbott v. Trump, a federal lawsuit in the U.S. District Court for the District of Columbia challenging the executive order. Originally filed on equal protection grounds on behalf of six active service members and two individuals seeking enlistment, the case has since grown to include 12 additional plaintiffs.
The Washington Blade spoke exclusively with Second Lt. Nicolas (Nic) Talbott, U.S. Army, a plaintiff in the case, and with Jennifer Levi, Senior Director of Transgender and Queer Rights at GLAD Law, who is leading the litigation.
For Talbott, serving in the military has been a lifelong aspiration, one he pursued despite the barriers posed by discriminatory policies.
“Being transgender posed quite the obstacle to me achieving that dream,” Talbott told the Blade. “Not because it [being trans] had any bearing on my ability to become a soldier and meet the requirements of a United States soldier, but simply because of the policy changes that we’ve been facing as transgender service members throughout the course of the past decade… My being transgender had nothing to do with anything that I was doing as a soldier.”
This drive was fueled by early life experiences, including the impact of the Sept. 11 terrorist attacks, which shaped his desire to protect his country.
“Even for an eight-year-old kid, [9/11] has a tremendous amount of impact… I remember thinking, you know, this is a terrible thing. Me, and when I grow up, I want to make sure nothing like this ever happens again,” he said. “I’ve still tried to gear my life in a way that I can be preparing myself to eventually help accomplish that mission of keeping America safe from anything like that ever happening again.”
The attacks inspired countless Americans to enlist; according to the New York City government, 181,510 joined active duty and 72,908 enlisted in the reserves in the year following 9/11. Although Talbott was too young to serve at the time, the events deeply influenced his educational and career path.
“For me, [9/11] just kind of helped shape my future and set me on the path that I’m currently on today,” he added. “It ignited my passion for the field, and it’s something that you know, I’ve carried with me into my adult life, into my professional life, and that I hope to have a career in the future.”
Talbott holds a master’s degree in criminology with a focus on counterterrorism and global security, and while completing his degree, he gained practical experience working with the Transportation Security Administration.
Despite the public scrutiny surrounding the lawsuit and the ongoing uncertainty of his military future, Talbott remains grounded in the values that define military service.
“Being so public about my involvement with this lawsuit grants me the very unique opportunity to continue to exemplify those values,” Talbott said. “I’m in a very privileged spot where I can speak relatively openly about this experience and what I’m doing. It’s very empowering to be able to stand up, not only for myself, but for the other transgender service members out there who have done nothing but serve with honor and dignity and bravery.”
The ban has created significant uncertainty for transgender service members, who now face the possibility of separation solely because of their gender identity.
“With this ban… we are all [trans military members] on track to be separated from the military. So it’s such a great deal of uncertainty… I’m stuck waiting, not knowing what tomorrow might bring. I could receive a phone call any day stating that the separation process has been initiated.”
While the Department of Defense specifies that most service members will receive an honorable discharge, the policy allows for a lower characterization if a review deems it warranted. Compensation and benefits differ depending on whether service members opt for voluntary or involuntary separation. Voluntary separation comes with full separation pay and no obligation to repay bonuses, while involuntary separation carries lower pay, potential repayment of bonuses, and uncertain success in discharge review processes.
Healthcare coverage through TRICARE continues for 180 days post-discharge, but reduced benefits, including VA eligibility, remain a concern. Those with 18–20 years of service may qualify for early retirement, though even this is not guaranteed under the policy.
Talbott emphasized the personal and professional toll of the ban, reflecting on the fairness and capability of transgender service members.
“Quite frankly, the evidence that we have at hand points in the complete opposite direction… there are no documented cases that I’m aware of of a transgender person having a negative impact on unit cohesion simply by being transgender… Being transgender is just another one of those walks of life.”
“When we’re losing thousands of those qualified, experienced individuals… those are seats that are not just going to be able to be filled by anybody … military training that’s not going to be able to be replaced for years and years to come.”
Talbott also highlighted the unique discipline, dedication, and value of diversity that transgender service members bring—especially in identifying problems and finding solutions, regardless of what others think or say. That, he explained, was part of his journey of self-discovery and a key reason he wants to continue serving despite harsh words of disapproval from the men leading the executive branch.
“Being transgender is not some sad thing that people go through… This is something that has taken years and years and years of dedication and discipline and research and ups and downs to get to the point where I am today… my ability to transition was essential to getting me to that point where I am today.”
He sees that as an asset rather than a liability. By having a more diverse, well-rounded group of people, the military can view challenges from perspectives that would otherwise be overlooked. That ability to look at things in a fresh way, he explained, can transform a good service member into a great one.
“I think the more diverse our military is, the stronger our military is… We need people from all different experiences and all different perspectives, because somebody is going to see that challenge or that problem in a way that I would never even think of… and that is what we need more of in the U.S. military.”
Beyond operational effectiveness, Talbott emphasized the social impact of visibility and leadership within the ranks. Fellow soldiers often approached him for guidance, seeing him as a trusted resource because of his transgender status.
“I can think of several instances in which I have been approached by fellow soldiers… I feel like you are a person I can come to if I have a problem with X, Y or Z… some people take my transgender status and designate me as a safe person, so to speak.”
With the arrival of Veterans Day, the Blade asked what he wishes the public knew about the sacrifices of transgender service members. His answer was modest.
“Every person who puts on the uniform is expected to make a tremendous amount of sacrifice,” Talbott said. “Who I am under this uniform should have no bearing on that… We shouldn’t be picking and choosing which veterans are worthy of our thanks on that day.”
Jennifer Levi, GLAD Law’s Senior Director of Transgender and Queer Rights, also spoke with the Blade and outlined the legal and human consequences of the ban. This is not Levi’s first time challenging the executive branch on transgender rights; she led the legal fight against the first Trump administration’s military ban in both Doe v. Trump and Stockman v. Trump.
Levi characterized the policy as overtly cruel and legally indefensible.
“This policy and its rollout is even more cruel than the first in a number of ways,” Levi explained. “For one, the policy itself says that transgender people are dishonest, untrustworthy and undisciplined, which is deeply offensive and degrading and demeaning.”
She highlighted procedural abuses and punitive measures embedded in the policy compared to the 2017 ban.
“In the first round the military allowed transgender people to continue to serve… In this round the military policy purge seeks to purge every transgender person from military service, and it also proposes to do it in a very cruel and brutal way, which is to put people through a process… traditionally reserved for kicking people out of the military who engaged in misconduct.”
Levi cited multiple examples of discrimination, including the revocation of authorized retirements and administrative barriers to hearings.
She also explained that the administration’s cost argument is flawed, as removing and replacing transgender service members is more expensive than retaining them.
“There’s no legitimate justification relating to cost… it is far more expensive to both purge the military of people who are serving and also to replace people… than to provide the minuscule amount of costs for medications other service members routinely get.”
On legal grounds, Levi noted the ban violates the Equal Protection Clause.
“The Equal Protection Clause prevents laws that are intended to harm a group of people… The doctrine is rooted in animus, which means a bare desire to harm a group is not even a legitimate governmental justification.”
When asked what she wishes people knew about Talbott and other targeted transgender military members, Levi emphasized their extraordinary service.
“The plaintiffs that I represent are extraordinary… They have 260 years of committed service to this country… I have confidence that ultimately, this baseless ban should not be able to legally survive.”
Other organizations have weighed in on Talbott v. Trump and similar lawsuits targeting transgender service members.
Human Rights Campaign Foundation President Kelley Robinson criticized the ban’s impact on military readiness and highlighted the counterintuitive nature of removing some of the country’s most qualified service members.
“Transgender servicemembers serve their country valiantly, with the same commitment, the same adherence to military standards and the same love of country as any of their counterparts,” Robinson said. “This ban by the Trump administration, which has already stripped transgender servicemembers of their jobs, is cruel, unpatriotic, and compromises the unity and quality of our armed forces.”
Lambda Legal Senior Counsel Sasha Buchert echoed the legal and moral imperative to reverse the policy.
“Every day this discriminatory ban remains in effect, qualified patriots face the threat of being kicked out of the military,” she said. “The evidence is overwhelming that this policy is driven by animus rather than military necessity… We are confident the court will see through this discriminatory ban and restore the injunction that should never have been lifted.”
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