By: Sarah Johnson
This week we will take a Closer Look at CO HB1032; a bill relating to Comprehensive Human Sexuality Education. Over the last decade we have noticed more and more bills being introduced throughout the United States regarding what children are taught in school when it comes to sexual intercourse and sexuality. Policies range from implementing abstinence only education, to requiring schools to inform parents if children are questioning their gender identity, to dictating how sexuality and gender identity are approached and taught in school.
According to the Guttmacher Institute, twenty-four states mandate sex education, thirteen states require the instruction be medically accurate, thirty-seven states require information on abstinence be provided, and twenty-six states require that abstinence be stressed in sex education.
What does the Colorado Bill Say?
CO HB1032 aims to establish a concrete definition for what will be taught and what will not be taught in all public schools in sex education classes. The rules would also apply to charter schools as well because they are tied to public funding grants.
The bill aims to clarify how sexual education will be taught and would prohibit teachers from giving “instruction that explicitly or implicitly teaches or endorses religious ideology or sectarian tenets or doctrines, using shame-based or stigmatizing language or instructional tools, employing gender norms or gender stereotypes, or excluding the relational or sexual experiences of lesbian, gay, bisexual, or transgender individuals.” Teachers will be able to teach abstinence as a type of birth control, but requires all types of contraceptive methods be taught alongside it.
The bill goes further to require eight representatives to be added to an oversight entity and require membership of the oversight entity to be comprised of at least seven members who are members of groups of people who have been or might be discriminated against.
What do Other Bills Say?
KY SB71 was signed into law in 2018, mandating public school students be taught abstinence from sexual activity is a “desirable goal for all school-age children.” The legislation goes on to say that abstinence is the “only certain way to avoid out-of-wedlock (later changed to unwanted) pregnancy, sexually transmitted diseases, and other associated health problems” and that “the best way to avoid sexually transmitted diseases and other associated health problems is to establish a permanent mutually faithful monogamous relationship”.
The lawmakers also rejected an amendment that would allow parents to opt out of abstinence-based education. Kentucky has the fifth-highest teen birth rate in the United States.
SD SB160 this bill from 2018 would have would banned teachers from talking about gender identity or gender expression to their pupils from kindergarten through seventh grade. The bill stated, “No instruction in gender identity or gender expression may be provided to any student in kindergarten through grade seven in any public school in the state.” This would have been the first bill to extend censorship to gender identity issues. Opponents of the bill said that by preventing any mention of trans experience in schools, the bill would prevent teachers and administrators from creating safe and welcoming educational environments for all students.
OH HB658 this bill from 2018 would have required teachers, counselors and health care professionals to notify parents if their child identifies as transgender or has spoken to them about questioning their gender identity. The legislation stated, “If a government agent or entity has knowledge that a child under its care or supervision has exhibited symptoms of gender dysphoria or otherwise demonstrates a desire to be treated in a manner opposite of the child’s biological sex, the government agent or entity with knowledge of that circumstance shall immediately notify, in writing, each of the child’s parents and the child’s guardian or custodian.”
The bill would have also required written authorization from birth parents and all legal guardians before any trans-related medical care is issued to a child (ranging from counseling to gender reassignment surgery) and prohibits the state from taking action when parents refuse to provide medically-necessary care relating to the transgender experience. The bill would have done this by making authorizing or providing gender dysphoria treatment for a minor “without the written, informed consent of each of the child’s parents and the child’s guardian or custodian” a fourth degree felony.
It is always very interesting to me to see these different types of legislation every time they pop up. There are many bills aiming to limit school aged children’s access to information on different types of sexual orientation or gender identities which I find very concerning. Whether people agree or not with others’ life choices when it comes to these issues, one thing is clear, many children (and people) struggle with trying to understand themselves. Creating a space where this cannot be spoken about or even recognized and increasing the associated shame only seems to lead to more harm in my opinion. Suicide rates among transgender teens are shockingly high (but kudos to NM for HB153). Creating an environment that allows kids to reach out and talk about not only these types of issues, but any of the other issues school aged kids struggle with (depression, bullying, family endangerment, etc.), is something we should be focusing on as a society.
Cover Photo by Alexander Grey on Unsplash
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