Victory! Alabama’s sex education can no longer denounce homosexuality

Despite Alabama’s shameful new legislation limiting the rights of transgender youth, the LGBTQ community here can celebrate at least one victory — passage of a bill to ensure that sex education will no longer denounce homosexuality.

Of course, this victory is tempered by the knowledge of other efforts targeting the LGBTQ community. I wouldn’t feel right starting this post without acknowledging the very personal, legitimate pain and fears of transgender youth living in states where legislatures are advancing bills¹ to ban affirming medical care, like Alabama’s SB 10. The heartbreaking direct and immediate harm caused by Arkansas’ passage of HB 1570 – criminalizing even hormone therapy – has been documented by national media.

Until the Alabama Legislature adjourns sine die on May 17, the Alabama LGBTQ coalition and our allies will continue opposing this legislation.

There’s no doubt it’s been a challenging session with the governor signing HB 391, a bill prohibiting participation in public school athletics based on one’s gender identity. However, we also have the opportunity to celebrate a legislative victory, years in the making, achieved on behalf of LGBTQ youth this session.

Just days after signing the sports ban, Gov. Kay Ivey signed a bill modernizing the state’s sex education curriculum requirements. HB 385 ensures that sex education in Alabama public schools is factual, age-appropriate and medically accurate.

While this step may sound insignificant, particularly in light of the catastrophic anti-trans bills or to those who aren’t familiar with the law’s current requirements, the change ends the culture of discrimination created by state law and endured by Alabama’s youth solely because of their sexual orientation.

Sex education isn’t compulsory in Alabama. But, since 1992, state law has required that when schools provide such instruction it must include:

“an emphasis, in a factual manner and from a public health perspective, that homosexuality is not a lifestyle acceptable to the general public and that homosexual conduct is a criminal offense under the laws of the state.” 

HB 385 finally removes this discriminatory language. Targeting “the homosexual lifestyle” as illegal and immoral is not only legally inaccurate (the U.S. Supreme Court ruled in 2003 that criminalizing sexual conduct between consenting adults is unconstitutional), but such language encourages further stigmatization and isolation of lesbian and gay students.

The SPLC Action Fund has partnered with organizational allies, direct service providers and members of the LGBTQ community for years to remove the harmful words from our state code. Non-inclusive sex education not only prevents LGBTQ students from learning the information and skills they need to stay healthy, it also contributes to a climate of exclusion in schools, where LGBTQ students are already frequent targets of bullying and discrimination.

We’re encouraged that all youth, regardless of their sexual orientation, will receive education that empowers them to make healthy, informed decisions about their relationships and their bodies. It’s a victory definitely worth celebrating.

Shay Farley is regional policy director for the SPLC Action Fund.

Photo by Allison Carter/The TimesDaily via AP