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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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White House orders warning signs at Smithsonian over gender identity exhibits

Administration criticizes National Museum of American History

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Secretary of the Interior Doug Burgum is expected to install warning signs outside the National Museum of American History warning visitors of supposedly anti-American content. (Photo courtesy of the Office of the Governor of North Dakota)

The Trump administration will install temporary warning signs outside the Smithsonian’s National Museum of American History after releasing a report accusing the museum of promoting what it calls “radical” gender ideology and other politically biased content.

According to the Executive Order, “For purposes of policy formulation under EO 14253, this review of the National Museum of American History concludes that NMAH, by the intention and at the direction of current Museum and Smithsonian leadership, has become subject to institutional capture by a radical, activist ideology that is fundamentally opposed to telling the noble, honest story of the great country we know and love.”

Executive Order 14253 refers to what the White House has deemed the “Restoring Truth and Sanity to American History” order. Therefore, the Trump administration has said it will take all available steps to ensure that the issues in the report are addressed and rectified.

Without specifying, the White House has stated that warnings will be posted along NMAH to alert visitors to sections of the museum it has deemed are in violation according to the report.

“The Secretary of the Interior, acting through the Director of the National Park Service (NPS) and in coordination with the Assistant to the President for Domestic Policy, shall install temporary signage along the NPS-maintained sidewalks and walkways used by the public to access the Museum, informing visitors of the findings of the Report and of the policy set forth in section 1 of this order,” the Executive Order states.

The warnings were raised in a 162-page report issued by the Domestic Policy Council. The report detailed ways in which the National Museum of American History (NMAH) has “poorly” portrayed American history and insufficiently highlighted the founding story during America 250th celebrations.

The report outlined key findings of the NMAH. One of these findings was the Center for Restorative History within the museum, which has stated its purpose is to “encourage systemic change” by highlighting diverse groups. However, the report states that it highlights every group of Americans except for straight and white Americans.

The Domestic Policy Council accused the museum of engaging in “transgender activism.” According to the report, examples include referring to “biological men” as women or girls, displaying what it describes as sexually suggestive content, and incorporating discussions of gender fluidity, gender identity, and gender nonconformity into the museum’s educational curriculum, “Becoming US.”

The report also criticizes the curriculum for using the term “transgender” when discussing gender-nonconforming people and encouraging individuals to ask a person’s pronouns when meeting them. It further objects to exhibits stating that “transgender, nonbinary, and cisgender female athletes” continue to struggle for and demand equality.

It also condemns what it refers to as explicit content in an exhibition, “Girlhood (It’s Complicated)”, such as chest binders, questioning gender testing in women’s sports, and referring to biological females as “people inhabiting female bodies.”

Additionally, the report accuses the museum of no longer participating in flag-celebrating ceremonies because it was “too busy” preparing for June Pride and WorldPride events. It states, “As Director Hartig explained in a June 2024 presentation, all her attention was focused on flying the Smithsonian Pride Alliance’s ‘intersexual pride flag during June’ in 2023 and 2024.”

On July 9, the American Historical Association issued a statement rejecting the report’s findings.

In regard to the report, it states, “Its anonymous authors overlook a central lesson of the nation’s founding: the United States was forged by finding common purpose amid intense divisions, conflicts, and disagreements.” They argue that only “honest history” can tell the true history of the nation.

House Republicans led a subcommittee hearing that questioned Smithsonian Director Hartig extensively. A main focus of the questions was on the exhibits related to gender identity and whether they were appropriate. In the hearing, Rep. Nancy Mace asked: “When was your gender revealed to you, Dr. Hartig?”

In response to questioning, Hartig stated that the institution is nonpartisan and does not push a specific agenda.

Hartig published a two-page statement ahead of her hearing outlining her thoughts on the situation. In the report, she states that the institution is always open to criticism and will continue to look for ways to improve, but she sees the report as misleading.

“I can attest that the report does not fairly characterize the full body of work at this museum. I am familiar with the depth and breadth of our collections, exhibits, and programming. And while I recognize there is always room for improvement, I also know the beauty, inspiration, and expertise that exists in our museum,” Hartig wrote.

Democrats created their own 16-page report as a rebuttal to the Domestic Policy Council’s report. It argued that the attacks by the current Trump administration are another example of its attempt to rewrite history. Additionally, the report states that no policy changes were included in the Executive Order, as that is beyond the President’s role. “The Report recommends nothing. That is no accident. To recommend an action, the Report would need to identify who is legally empowered to take it, and its own opening chapter concedes the President’s only power is to ‘urge’,” House Democrats wrote.

It is still unclear when the temporary warnings will be installed or what form they will take beyond the requirements outlined in the executive order.

An exhibit at the Smithsonian. (Washington Blade photo by Landon Shackelford)

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Trump ends direct HIV prevention funding to community groups

Advocates say transfer of funds to states may disrupt local programs

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The Trump administration will discontinue direct federal funding of community-based organizations that provide HIV prevention services. (Washington Blade file photo by Michael Key)

A decision by the U.S. Office of Management and Budget (OMB) at the request of the Trump administration to discontinue direct federal funding of community-based organizations and clinics that provide HIV prevention services has raised concern among community health advocates, including LGBTQ advocates.

 News surfaced earlier this month that the OMB informed the U.S. Centers for Disease Control and Prevention that it would not renew $46 million in funding for 96 community-based organizations that provide HIV testing, referrals to medical care, and arrangements for obtaining pre-exposure HIV prevention medication known as PrEP that has been shown to be 99 percent effective in preventing HIV infection.

Under the new policy arranged by OMB, the funds will be redirected to the states to be allocated to state and local health departments. The policy calls for states to encourage but not require their respective state and local health departments to allocate some of those funds for community-based organizations. Under the new policy, the funding is scheduled to last until May of 2027, before a renewal decision is made.

Some political observers have speculated that the decision to end direct federal funding to community-based organizations could be motivated by the Trump administration’s hostility to diversity, equity, and inclusion or DEI programs and organizations that promote those programs, with the belief that some of the groups receiving the federal HIV prevention funds are promoting DEI.

Carl Schmid, executive director of the D.C.-based HIV+ Hepatitis Policy Institute, is among the leaders of many AIDS advocacy organizations expressing strong opposition to the OMB action. Schmid said that in places like D.C. and some states, local officials will be willing to redirect the federal funds to local community-based organizations.

A list of the 96 community-based organizations across the country that are currently receiving the federal AIDS funds includes the D.C.-based Whitman-Walker Health, which has a long history of healthcare support for the LGBTQ community, and La Clinica del Pueblo, which reaches out to the Latino community.

 Schmid said Whitman-Walker and La Clinica del Pueblo have longstanding good relationships with the local D.C. government.

“But other states and jurisdictions don’t have that relationship with the community-based organizations,” Schmid said. “It depends on the state,” he said, adding, “Not all states send their money to the communities that really need it most. And not all states are fast in getting money to the community-based organizations.” 

Spokespersons for Whitman-Walker and La Clinica del Pueblo couldn’t immediately be reached for comment on whether they think the Trump administration’s latest action related to funding will adversely impact their respective organizations.  

 Schmid said under the current federal grant program slated to be discontinued, which has been in effect for at least five years, HIV-related health organizations receiving the federal grant funds were eligible for an existing federal policy enabling them to purchase HIV-related medication, including the PrEP prevention medication, at a significant discount from pharmaceutical companies. With the ending of the direct federal HIV funds to community-based organizations, Schmid said it was unclear whether problems may surface in obtaining drug discounts.

“They could still qualify as a sub-grantee from a state,”  Schmid said. “But what if they don’t get that grant again? They would not be able to qualify to obtain the drugs” at the discounted price, he said.

Among the organizations expressing strong concern over the decision to discontinue the direct HIV prevention funding to community-based organizations has been the Federal AIDS Policy Institute and its subgroup called the HIV Prevention Action Coalition.

In a July 22 letter bearing the names of 71 community-based organizations from throughout the country sent to U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. and Centers for Disease Control and Prevention Acting Director Jay Bhattacharya, the group called for the Trump administration to “reconsider” ending the current funding policy.  

 “Ending this program without a clear plan for what comes next would dismantle prevention infrastructure that has taken more than three decades of federal investment to build and do so just as that long record of measurable returns is accelerating,” the letter states.

It says the initiative by President Trump in his first term as president to end the HIV epidemic and reduce new HIV infections by 90 percent by 2030 was moving ahead by the funding program for community-based organizations that the administration now wants to end. 

“Discontinuing this program would also cost far more than it saves,” the letter says. “Every HIV transmission prevented avoids an estimated lifetime treatment cost of roughly half a million dollars per person to the healthcare system – costs that fall heavily on taxpayer-funded programs, including Medicaid, Medicare, and the Ryan White HIV/AIDS program,” the letter continues.

“The choice before the administration is straightforward: a modest, targeted investment in prevention now, or far greater public expense for treatment later,” the letter concludes. 

Spokespersons for the OMB and the Department of Health and Human Services, which oversees the CDC, have not immediately responded to news media requests for comment on the opposition to the funding change policy.

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At Alliance Defending Freedom’s summit, church and state are one

House Speaker Mike Johnson (R-La.) among speakers

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House Speaker Mike Johnson (R-La.) (Washington Blade photo by Michael Key)

Uncloseted Media published this article on July 23.

By SPENCER MACNAUGHTON | Earlier this month, hundreds of people filled a conference room in San Diego. These included Speaker of the House Mike Johnson, Assistant Secretary of Health Admiral Brian Christine, OpenAI executive Dean Ball, and the attorneys general of West Virginia and Idaho.

They all came together for Alliance Defending Freedom’s 2026 Summit. The Christian legal group, also a Southern Poverty Law Center-designated anti-LGBTQ hate group, described the event as a “gathering of leaders from many different spheres, including law, public policy, media, business, education, and Christian leadership.”

Johnson — who has said that “homosexual relationships are inherently unnatural and … society cannot give its stamp of approval to such a dangerous lifestyle” — was a featured speaker.

In his speech, he seemed unconcerned with the separation of church and state: “It is so encouraging to Kelly and I to be among friends and fellow warriors for this cause and people who understand that God is not done with America yet. … ADF’s on the very tip of the spear, front line, defending those very truths and keeping the door open for the spread of the Gospel. This is our moment. I’m telling you, I believe the next season … is going to be the greatest season of this ministry since its inception.”

That ministry is one that has espoused aggressively anti-LGBTQ views since its inception in the early 1990s. It was co-founded by a group of evangelical men, including Alan Sears, who co-authored a book called “The Homosexual Agenda: Exposing the Principal Threat to Religious Freedom Today.” Since then, ADF has opposed gay marriage and supported bans on gay sex and on gender-affirming care for minors.

After helping overturn Roe v. Wade, ADF lawyers have led key victories at the Supreme Court. In 303 Creative v. Elenis, SCOTUS ruled that a website designer could refuse service to gay weddings. And this year they convinced the Court to overturn Colorado’s ban on conversion therapy and to uphold state laws in West Virginia and Idaho that ban trans girls from playing on girls’ sports teams.

At the summit, ADF President Kristen Waggoner, who has promoted conversion therapists and consistently misgenders trans people, interviewed these states’ attorneys general.

“The lawyers who were defending women’s sports were among the best I’ve ever seen in my entire life,” West Virginia Attorney General JB McCuskey told Waggoner.

Similar to Johnson, Trump’s Assistant Secretary of Health Christine showed his commitment to governing based on conservative Christianity. He gave a Bible-thumping speech against gender transition and trans healthcare, saying that it “contradicts … the deeper moral order that is woven into creation itself. For Genesis 1:27 informs us that God created man in his own image. … Male and female” He also said the “complementary relationship between man and woman is divine” and advocated for youth with gender dysphoria to receive care from a pastor.

All of these remarks from politicians made me think of the interview I published earlier this week with Pete Hegseth’s pastor, Doug Wilson. He wants a Christian theocracy in America and told me that: both the perpetrator and the victim should be disciplined in some cases of marital rape; that transgender people are “sad;” that execution is justifiable for certain homosexual acts; and that gay sex should be illegal.

The ADF Summit is glossy and polished. And while its messaging may be less explicit than Pastor Wilson’s, the track record of the organizations shows they have the exact same desires. They’re just deeply strategic in what they say and when and how they say it.

I believe the political power players who attended this year’s summit know this. They know they are endorsing an organization whose members have essentially called for the illegalization of most — if not all ‚ forms of queer behavior and presentation.

In the last few years, these perspectives have become increasingly embedded in the highest rooms of the federal government and they have been effective in stripping away LGBTQ rights. Wilson, who just installed a full-time pastor in Washington to lead services, says there are 10 to 20 government officials who align with his church’s ideology.

It is vital for Americans to keep their eyes wide open to the ultimate goal of groups like ADF: to create a United States that leaves LGBTQ people without rights and that pushes us back in the closet.

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