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515
AMERICAN BAR ASSOCIATION
ADOPTED BY THE HOUSE OF DELEGATES
AUGUST 9-10, 2021
REPORT TO THE HOUSE OF DELEGATES
RESOLUTION
RESOLVED, That the American Bar Association urges state, local, territorial and tribal
legislatures, education officials, and school boards to include information about the
historical and social contributions of LGBTQ individuals in curricula of publicly funded
elementary and secondary schools; and
FURTHER RESOLVED, That the American Bar Association urges state, local, territorial
and tribal legislatures, education officials, and school boards to include age-appropriate
LGBTQ-inclusive sexual health education in the curricula of publicly funded elementary
and secondary schools to promote public health best practices and improve youth mental
health outcomes.515
REPORT
INTRODUCTION
In recent years, a movement in public education has emphasized the need to ensure that
public education is inclusive and does not reflect just the limited perspective of particular
sectors of society. This approach seeks to bring more experiences into school curricula
that provide positive role models for students who previously lacked such opportunities.
It will also facilitate an understanding of the challenges faced by some groups throughout
our history, and to create a more inclusive, safe accepting school environment.
As part of this movement, in 2011, California became the first state to require that the
social studies curriculum include the contributions of lesbian, gay, bisexual, transgender
and queer (LGBTQ) figures and their roles in contemporary society. 1 Similar legislation
was passed eight years later in Colorado and New Jersey. 2
A related issue in public education is the dearth of sexual health education relevant to
LGBTQ students. According to the Williams Institute survey conducted in September
2020, 9.54% of American youth ages 13-17 identify as LGBTQ. 3 The SIECUS State
Profile, updated in May 2020, states that, although sex education is required in 29 of the
50 states, only 11 states ensure that the curriculum includes information affirming LGB
identities or relevant to LGB students; transgender students are often completely
overlooked. In fact, eight states mandate either negative portrayals or no mention of
LGBTQ people when teaching health education. 4 Avoiding proper sexual education for
as much as 10% of the youth population is a dangerous public health proposition and
exacerbates the already serious physical and mental health risks faced by LGBTQ youth.
According to the Centers for Disease Control and Prevention, the potential for risky sexual
behavior by LGBTQ youth can be addressed by providing appropriate sexual health
education. 5 LGBTQ mental health is also improved by affirmative LGBTQ sexual health
education, which aims to remove stigma and to lower the likelihood of victimization. 6 This
resolution is past due and necessary to protect the safety, health, and psychological well-
being of our LGBTQ youth.
1
CA SB 48 (2011), https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120SB48.
2
Casey Leins, These States Require schools to Teach LGBT History, U.S. NEWS., Aug. 14, 2019, at
1:25pm.
3
Kerith J. Conron, The Williams Institute, UCLA, LGBT Youth Population in the United States (Sept. 2020).
4
SIECUS, Sex Ed State Law and Policy Chart, (May 2020).
5
Brandon Stratford, Child Trends, The Majority of Schools in 15 States and DC Offer LGBTQ-Inclusive
Sex-Ed Curricula (June 2019).
6
Chelsea N. Proulx, M.P.H., Robert W.S. Coulter, Ph.D., M.P.H., Jamie E. Egan, Ph.D., M.P.H, Derrick D.
Matthews, Ph.D., M.P.H, and Christina Mair, Ph.D., M.P.H., Associations of LGBTQ-inclusive sex education
with mental health outcomes and school-based victimization in U.S. high school students, 64(5) J Adolesc
Health 608 (May 2019).515
I. LGBTQ-Inclusive Academics
Adolescence is a critical period in a young person’s cognitive, emotional, and identity
development. 7
Research shows that a young person’s experiences in school can have a particularly
important influence on their academic and social-emotional growth, physical health, and
mental well-being. Providing students with a quality education includes facilitating a
positive school climate and implementing social and emotional supports that foster
healthy developmental outcomes. For LGBTQ youth, these supports can be particularly
important to make certain that they achieve their full potential. 8 Lack of such support can
adversely affect their academic motivation and can lead to sadness, feelings of
disconnectedness, and even suicidal ideation. According to research, when LGBTQ
students perceived their schools to be as safe as did straight cisgender students, the
disparities in outcomes were reduced, though not eliminated. 9 Although these
relationships are correlational and not necessarily causal, they do suggest that improved
feelings of safety at school would improve outcomes for LGBTQ students. 10
Several studies report that an LGBTQ-inclusive curriculum promotes a positive school
environment and student well-being. For example, students in California who learned
about LGBTQ issues at school reported less teasing and bullying of LGBTQ students. 11
Adopted Laws
Four states currently require that LGBTQ contributions to society be taught in the schools:
California, Colorado, Illinois, and New Jersey.
California passed legislation requiring that the curriculum include information about the
contributions and roles of LGBTQ Americans “...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.” 12 Known as the FAIR (Fair
Accurate Inclusive and Respectful) Education Act, it was the first such legislation adopted
in the United States, in 2011.
According to Equality California and the Gay-Straight Alliance Network, the purpose of
the FAIR Education Act was to end the exclusion of LGBT history in education and to
promote school safety. 13 In addition to adding instruction in the social sciences, the bill
7
Hanson, T., Zhang, G., Cerna, R., Stern, A., & Austin, G. (2019). Understanding the experiences
of LGBTQ students in California. San Francisco, CA: WestEd.
8
Ibid at 14.
9
Id.
10
Stephen T. Russell, Joseph Kosciw, Stacey Horn, Elizabeth Saewyc, Safe Schools Policy for LGBTQ
Students, Society for Research in Child Development Social Policy Report vol 24 no 4 (2010).
11
Id. at 12.
12
CA SB 48 (2011).
13
Los Angeles County Office of Education, About the FAIR Education Act, July 2017,
https://www.lacoe.edu/Curriculum-Instruction/History-Social-Science/FAIR-Act.
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prohibited teachers from “instructing, or a school district from sponsoring, any activity that
promotes discriminatory bias on the basis of race or ethnicity, gender, religion, disability,
nationality, or sexual orientation.” A California Safe Schools Coalition study showed that
inclusion of LGBT people in instructional materials is linked to greater student safety at
school for both LGBT and non-LGBT students and lower rates of bullying. Where the
contributions of the LGBT community were 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. 14
In 2019 Colorado, New Jersey and Oregon all passed similar laws, and last year, Illinois
followed. 15
Current Bills
Currently, there is a bill in Committee in both chambers of the New York State Legislature
that, if passed, will add age-appropriate lessons in the historical treatment of the LGBTQ
community in school curricula; if passed the law would take effect July 1, 2022. 16
A similar bill in Connecticut would provide that contributions of LGBTQ individuals should
be included in the curriculum, along with information about other identities as well as
critical topics like financial literacy and climate change. 17
The Nevada Legislature, one of just four in the country that meets only in odd-numbered
years, introduced an “Inclusive Curriculum Standards Bill” during the current session. This
bill requires “that instruction is provided to pupils enrolled in kindergarten through grade
12 in each public school within the school district or in the charter school, as applicable,
on the history and contributions to science, the arts and humanities of…persons of
marginalized sexual orientation or gender identity.” Textbooks bought with state funding
must cover “the roles and contributions” of LGBTQ people and cannot include content
that is discriminatory to any particular gender or sexual orientation. 18
II. LGBTQ-inclusive Sexual Health Education
A related problem is the dearth of LGBTQ-relevant sex education in the public schools.
Since the 1970s, policymakers have recognized the need for sex education to be
responsive to social developments; support for sexual education in schools grew from the
14
Russell, S.T., Kostroski, O., McGuire, J.K., Laub, C. & Manke, E. (2006). LGBT Issues in the Curriculum
Promotes School Safety. (California Safe Schools Coalition Research Brief No. 4). San Francisco, CA:
California Safe Schools Coalition.
15
CO HB 19-1192 (2019). OR HB 2023 (2019), NJ SB 1569 (2018), Garden State Equality, LGBTQ
Inclusive Curriculum Legislation (2019), Equality Illinois, Inclusive Curriculum Implementation Guidance
(2020).
16
NY SB 1729 (2021).
17
CT HB 6619 (2021).
18
NV AB 261; Equality Nevada, Inclusive Curriculum Standards Bill to be Introduced in 2021 NV Legislation
(June 2020), https://www.equalitynv.org/2020/06/18/inclusive-curriculum-standards-bill-to-be-introduced-
in-2021-nv-legislation/.
3515
desire to address the trend of teenage pregnancy and continued with the advent of HIV
and AIDS in the 1980s and 1990s. 19 But in most states, sex education has not taken
cognizance of the needs of LGBTQ students, and in some states, information that would
be relevant to those students is specifically prohibited.
There is an urgent need for LGBTQ-relevant sex education. Transgender youth face six
times the incidence of rape compared with cisgender male peers and two and a half times
the incidence compared with cisgender female peers. One quarter of transgender youth
reported physical dating violence compared with six percent of cisgender males and nine
percent of cisgender females. LGBTQ youth face unique forms of coercion including the
threat of being outed, and are often reliant on intimate partners or afraid to seek help
because of homophobic or transphobic family. LGBTQ youth experience greater
susceptibility to human trafficking because of their higher rates of depression and
homelessness. LGBTQ youth often have difficulty identifying dating violence and in
seeking help, and instead remain in dangerous situations. 20
Adopted Laws
As of May 2020, Alabama, Arizona, Florida, Illinois, Louisiana, North Carolina, Oklahoma,
and Texas required that, when sexual education makes reference to LGBTQ individuals
and relationships, it be negative in nature. Five states and the District of Columbia
mandate that education about LGBTQ sexual health and relationships remain neutral. Six
states have LGBTQ-inclusive health education curricula that foster positive relationships
(four of which also require LGBTQ-inclusive information more broadly): California,
Colorado, Oregon, New Jersey, Rhode Island and Washington. 21
Laws that require LGBTQ-inclusive sex education curricula vary significantly. In Rhode
Island, the curriculum must stress abstinence, but also include instruction on sexual
orientation and gender identity. Colorado’s Comprehensive Human Sexuality Education
law prohibits the exclusion of LGBTQ-inclusive content and also prohibits an abstinence-
only course of study. Rhode Island’s approach is “opt-out,” meaning that parents may
view the curriculum in advance and remove their child by written request to the principal. 22
New Jersey, a state with legislation requiring LGBTQ-inclusive sexual education and
other critical topics like consent, sexting, and sexual abuse and prevention, is likewise an
“opt-out” state. 23
Current Bills
Many states are revisiting their anti-LGBTQ sexual health curriculum laws or amending
existing legislation to rectify a lack of affirming instruction about sexual orientation and
19
Guttmacher Institute State Laws and Policies, Sex and HIV Education (April 2021),
https://www.guttmacher.org/state-policy/explore/sex-and-hiv-education.
20
Legal Momentum, National Judicial Education Program, LGBTQ Issues in Teen Dating Violence (2015).
21
SIECUS, supra.
22
SIECUS, Rhode Island State Profile, (2021), https://siecus.org/state_profile/rhode-island-fy21-state-
profile/.
23
SIECUS, New Jersey State Profile (2021), https://siecus.org/state_profile/new-jersey-state-profile/.
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gender identity. This comes on the heels of the “me too” movement’s modernization of
health education to teach consent, healthy relationships, and online safety to prevent
sexual assault and dating violence, which is prevalent in all relationships regardless of
sexual orientation or gender identity. 24
In New York, S2584, the bill proposing age-appropriate comprehensive sexual education
in grades K-12, is currently in committee. 25 Idaho’s legislature just killed an opt-in bill that
would have changed existing law, where parents had the right to “opt-out” of their children
receiving sex education in school, to specifically require parents to “opt-in” to units
discussing sexual orientation and gender identity. 26 Conversely, SB 1456, vetoed by the
Governor of Arizona, would have required that parents “opt-in” to and be given two weeks
to review all materials regarding AIDS/HIV and sexual orientation and gender identity. 27
Illinois, a state that has adopted LGBTQ-inclusive academic standards, is proposing a
Responsible Education for Adolescent and Children’s Health Act, or REACH, that will
make their sexual education curriculum LGBTQ-inclusive as well. 28 This bill includes an
opt-out provision for parents.
III. Need for inclusive curriculum
Because of the stigma and discrimination faced by LGBTQ youth, LGBTQ teens are at
higher risk for depression, suicide, dating violence, dependence on an intimate partner,
and homelessness. 29 Because such a large percentage of their time is spent in school, a
positive environment is crucial to their well-being.
One way schools can help address stigma and discrimination and reduce risky sexual
behavior among LGBTQ youth is to ensure that they have the same access to relevant
sexual health education as their straight, cisgender peers—for example, by including
LGBTQ-relevant information as a part of education about HIV, STDs, and pregnancy
prevention. 30 Research has also shown that forming Gay-Straight Alliances and instituting
anti-discrimination and anti-bullying policies can create a more positive school
environment. But those initiatives, however helpful, cannot erase the risks faced by
LGBTQ students. LGBTQ-inclusive academics, accessible to all youth, can compensate
for some of the void left by other interventions. 31
According to studies, students perceived the school environment as being safer when
provided with LGBTQ-inclusive information in both academic subjects and health
education. They also reported less victimization based on their sexual orientation in
24
Catherine Brown and Abby Quirk, Momentum Is Building to Modernize Sex Education, CENTER FOR
AMERICAN PROGRESS, May 29, 2019 at 5AM.
25
NY SB 2584 (2021).
26
ID HB 0249 (2021); Kevin Richert, Senate committee kills sex education ‘opt-in’ bill, IDAHOEDNEWS.
ORG, April 7, 2021.
27
AZ SB 1456 (2021).
28
IL SB 0647 (2021).
29
Centers for Disease Control and Prevention, Health Considerations for LGBTQ Youth, (Dec. 2019).
30
Stratford, supra.
31
Proulx, supra.
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schools that teach an LGBTQ-inclusive academic curriculum. 32 The Trevor Project, a
national organization focused on LGBTQ suicide prevention, found that a positive school
environment made a larger impact on students' lives than similarly positive environments
at home, work or elsewhere in the community. 33 By contrast, GLSEN found that, where
state laws restricted the content educators shared in their classrooms, they were
discouraged from providing other supports for LGBTQ students. 34 Students from these
states reported that their schools had less supportive anti-bullying policies and provided
less access to Gay-Straight Alliances and relevant health sources. 35
IV. States that prohibit positive discussion of LGBTQ identity
As of October 2018, Alabama, Arizona, Oklahoma, South Carolina, and Texas followed
a state-wide policy requiring schools to teach information related to homosexuality in a
negative light, including harmful stereotypes regarding HIV/AIDS risk and arguments that
being gay is unnatural and immoral. This type of pedagogy puts LGBTQ youth at greater
risk of mental health disparities and victimization by peers, and legislation is needed to
provide them respite from the hostile school environment. 36 These laws are especially
harmful, for they stigmatize LGBTQ youth by providing false, misleading, or incomplete
information to the entire student population.
Over the last fifteen years, some states re-evaluated their laws prohibiting positive
portrayals of homosexuality, and some laws have been amended, repealed, or overturned
by the courts. However, other states are considering introducing them for the first time.
In 2006, the North Carolina State Legislature amended the state’s legislation to remove
the prohibition against discussing homosexuality in health education classes. 37
In October 2016, Equality Utah sued the Utah State Board of Education challenging the
state law banning positive speech in schools about LGBTQ people. In response,
language preventing positive portrayals of LGBTQ people was stricken from the
legislation the next year. 38
In April 2019, the Arizona State Legislature repealed the state’s law prohibiting AIDS and
HIV-related instruction that portrayed homosexuality in a positive light. 39
32
Id.
33
Elinor Aspegren, Kids aren't learning LGBTQ history. The Equality Act might change that. USA TODAY
Mar 8, 2021 at 12:09PM.
34
GLSEN supra.
35
id.
36
GLSEN. (2018). Laws Prohibiting “Promotion of Homosexuality” in Schools: Impacts and Implications
(Research Brief). New York: GLSEN.
37
NC SB 602 §54(b) (2006).
38
UT SB 0196 (2017); Dan Harrie, Utah Legislature strikes so-called 'no-promo homo' law, SALT LAKE
TRIBUNE March 8, 2017 at 7:10PM.
39
AZ SB 1356 (2019); KTAR.COM, Ducey signs law repealing teaching restriction considered anti-LGBTQ,
Apr. 11, 2019 at 9:24PM.
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One year later, South Carolina’s law was overturned when the U.S. District Court ruled in
GSA v. Spearman that the state’s law "cannot satisfy any level of judicial review under
the Equal Protection Clause." 40
Some states, however, are resistant to such changes. When the Texas Board of
Education discussed the recently created Latinx and African American studies curriculum,
one member noted that LGBTQ identities are not reflected in the Texas curriculum. In
response, another school board member said, “Racism is a lot bigger problem than the
sexual thing as far as people being picked on for different things.” 41
Tennessee currently has a bill in committee, HB 800, that deems textbooks and
instructional materials “that promote, normalize, support, or address controversial social
issues, such as lesbian, gay, bi-sexual, and transgender (LGBT) lifestyles” inappropriate
and offensive to Christian values. 42 The Iowa legislature recently considered, but did not
adopt, a bill that would have allowed parents to opt-out elementary school students from
gender identity instruction. 43
CONCLUSION
The law has a central role in promoting public health, and it is our responsibility to
encourage health-related legal reform. Ninety percent of American youth attend public
schools. 44 A growing body of scientific, psychological and social-scientific evidence
shows that an LGBTQ-inclusive education benefits the health and well-being of all
students, not only LGBTQ-identifying youth, who represent at least 10% of the public
school population in the United States (that is, 5 million students). 45 Laws that prohibit
any positive portrayal of LGBTQ individuals foster a hostile culture beset by bullying and
physical violence toward LGBTQ students, leading to poor health outcomes for a
population already at-risk. This resolution promotes an equitable learning environment,
encouraging policymakers to repeal harmful legislation and to institute inclusive,
comprehensive curricula, creating a safer, healthier environment for LGBTQ youth.
Respectfully Submitted,
Angela J. Scott
Chair, Section of Civil Rights and Social Justice
August 2021
40
Gender and Sexuality Alliance, et al. v. Molly Spearman, No. 2:2020cv00847, xxxxxxxx (D.S.C. March
11, 2020);
41
Carole Levine, After 23 Years, Texas Revises Its Sex Education Policies NONPROFIT QUARTERLY
(Nov. 2020). https://nonprofitquarterly.org/after-23-years-texas-revises-its-sex-education-policies/
42
TN HB 0800 (2021).
43
IA SF 0167 (2021).
44
Imed Bouchrika, 101 American School Statistics: 2020 Data, Trends & Predictions, Guide2Research,
June 2020.
45
Maya Riser-Kositsky, Education Statistics: Facts About American Schools, EDUCATION WEEK (June
2019, updated Feb. 2021).
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GENERAL INFORMATION FORM
Submitting Entity: Section of Civil Rights and Social Justice
Submitted By: Angela J. Scott, Chair
1. Summary of Resolution.
This resolution urges legislative and education policy-making entities to pass laws and
implement policies that mandate that the political, economic, and social contributions
of persons who are LGBTQ+ be included in their school curricula, in addition to other
underrepresented cultures and identities; this resolution further urges legislative and
education policy making entities to pass laws and implement policies that mandate
LGBTQ-inclusive sexual health education and positive relationships be included in the
health education curriculum to promote the good public health and mental well-being
of all youth.
2. Indicate which of the ABA’s Four goals the resolution seeks to advance (1-Serve our
Members; 2-Improve our Profession; 3-Eliminate Bias and Enhance Diversity; 4-
Advance the Rule of Law) and provide an explanation on how it accomplishes this.
This resolution advances Association Goal 3. This resolution advances the ABA’s
goal of eliminating bias and enhancing diversity by supporting school academic
curricula that recognizes the contributions of traditionally marginalized groups and
health education that ensures that information relevant to such groups is included.
3. Approval by Submitting Entity
The Council of the Section of Civil Rights and Social Justice approved sponsorship
of this resolution on April 16, 2021.
4. Has this or a similar resolution been submitted to the House or Board previously?
No.
5. What existing Association policies are relevant to this Resolution and how would
they be affected by its adoption?
This resolution is consistent with the following existing ABA policies which would be
unaffected by this resolution if adopted:
09A118B - This recommendation calls for improving laws and implementing and
enforcing policies that will help advance the right to remain in school, promote a safe
and supportive school environment for all children, and enable them to complete
school, by affirmatively addressing problems leading to students leaving school
8515
through dropping out, being excluded for disciplinary reasons, or being removed by
criminal justice authorities.
09A118A - This recommendation encourages the federal government, states, and
school districts to pass laws and implement policies that will secure the right of every
child to a high quality education. It also encourages attorneys and bar associations to
help secure that right through improvements in state and federal law, representation
of students, parents, and organizations, and community legal education.
11M300 - This resolution urges federal, state, territorial, and local governments to
require civic education for all public school students and to provide competitive grant
funding for programs to meet this requirement.
14A113B - This resolution is to put the American Bar Association on record as
recognizing the rights of LGBT people as basic human rights and opposing laws,
regulations, customs, and practices that discriminate against them based on their
LGBTQ status.
16A115 - The resolution urges legislative bodies and governmental agencies and
entities to adopt policies, legislation and initiatives designed to eliminate the school to
prison pipeline whereby students of color, students with disabilities, LGBTQ students
and other marginalized youth are disproportionately impacted by systemic inequities
in education resulting in disparate school drop-out or “push-out” rates and juvenile
justice system or prison interactions.
18M300 - This resolution requests that the American Bar Association urge
governments and relevant private stakeholders to (1) recognize and address social
determinants of health affect HIV transmission risk and impact people with HIV; (2)
ensure health care equity to marginalized populations who are disproportionately
impacted by HIV; (3) provide and maintain updated, evidence-based information
pertaining to HIV transmission risks, prevention options, and health care resources
available to individuals living with, affected by, or at-risk of HIV; (4) ensure
comprehensive health care and HIV education and prevention services; (5) ensure
that laws or regulations not criminalize HIV status or HIV non-disclosure except where
there exists a clear specific intent to harm, a substantial risk of transmission, and
transmission actually occurs; (6) ensure affordable, reliable, and safe housing to
people with HIV or AIDS, and to combat housing discrimination against people living
with HIV; (7) ensure affordable legal services to people with HIV or AIDS; and (8)
ensure that no stigma based on sexual orientation or gender identity and expression
is created by administrative guidance provided in the promulgation or implementation
of laws and regulations regarding HIV and AIDS.
11M107A - This policy discourages inappropriate referral of youth to the juvenile
justice system, and inappropriate use of expulsion or out-of-school suspension, simply
because of an act of student bullying or harassment. It also calls for new anti-
bullying/harassment policies, training, new relevant programs, research, and
9515
evaluation, urges law enforcement to provide data pursuant to the recent federal Hate
Crimes Prevention Act, encourages Internet Service Providers and social networking
websites to better address cyberbullying and cyberhate incidents, calls for expanding
federal collaboration to improve best practices in addressing this issue within schools,
and supports actions on this issue pursuant to recent U.S. Department of Education
guidance to schools.
6. If this is a late report, what urgency exists which requires action at this meeting of
the House?
N/A
7. Status of Legislation.
NY SB 2584A, A6616: Sent to respective Education Committees
NY SB 1729, A817: Sent to respective Education Committees
CT HB 06619: Tabled for the House Calendar
ID HB 249: Passed by Education Committee, sent to Senate and defeated
AZ SB 1456: Vetoed by the Governor on April 20, 2021 for being overly broad;
issued Executive Order to preserve parent accessibility requirements
IL SB 0647: Pending the Senate Assignments Committee
TN HB 800 Assigned to Finance, Ways and Means Subcommittee, Cross-filed as
SB1216, and referred to the Education Committee
NV SB194 Passed in Senate, sent to Assembly, referred to Committee on Education
8. Brief explanation regarding plans for implementation of the policy, if adopted by the
House of Delegates.
We will work with relevant stakeholders within and outside of the American Bar
Association and the Governmental Affairs Office to implement the policy.
9. Cost to the Association.
Adoption of this proposed resolution would result in only minor indirect costs
associated with Section or Commission staff time devoted to the policy subject matter
as part of the staff members’ overall substantive responsibilities.
10. Disclosure of Interest.
N/A
11. Referrals. On May 4, this resolution will be sent to:
Children and the Law
Criminal Justice Section
Commission on Racial & Ethnic Diversity in the Profession
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Commission on Women in the Profession
Commission on Youth at Risk
Government and Public Sector Lawyers Division
Diversity and Inclusion Center
Family Law Section
Center for Human Rights
Young Lawyers Division
Law Student Division
Section of Litigation
Judicial Division
Standing Committee on Gun Violence
International Law Section
Commission on Sexual Orientation and Gender Identity
Commission on Hispanic Legal Rights and Responsibilities
State and Local Government Law Section
Senior Lawyers Division
12. Contact Name and Address Information.
Bobbi M. Bittker, Co-Chair, CRSJ SOGI Committee
Tel.: (914) 980-8926
E-mail: bittkeresq@gmail.com
Paula Shapiro
Section Director, CRSJ
Tel.: (860) 508-5550
Email: paula.shapiro@americanbar.org
13. Contact Name and Address Information.
Mark I. Schickman, CRSJ Section Delegate
Schickman Law
Tel.: (510) 467-2909
E-mail: mark@schickmanlaw.com
Paul Wolfson, CRSJ Section Delegate
WilmerHale
Tel: (202) 663-6000
Email: paul.wolfson@wilmerhale.com
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EXECUTIVE SUMMARY
1. Summary of the Resolution
This resolution urges legislative and education policy makers to pass laws and
implement policies that include the political, economic and social contributions of
LGBTQ in their school curricula, in addition to those of other underrepresented
cultures and identities. The resolution further urges legislative and education policy
makers to pass laws and implement policies that include LGBTQ sexual health
education and positive relationships be added to the health education curriculum
to promote the public health and mental well-being of all youth.
2. Summary of the Issue that the Resolution Addresses
Public schools educate the majority of youth in the United States however, there
is seldom representation of LGBTQ figures in their curricula. Additionally, sexual
and health education, where included, seldom requires that LGBTQ sexual health
be taught when 10% of American youth identify as LGBTQ.
3. Please Explain How the Proposed Policy Position Will Address the Issue
The resolution puts the ABA on record in support of the educational, societal and
health benefits of LGBTQ inclusion in public education. This follows ABA tradition,
positively influencing education policy that supports civil rights and public health
best practices. The ABA will be making a strong statement that the health and well-
being of LGBTQ youth is a priority.
4. Summary of Minority Views or Opposition Internal and/or External to the ABA
None known.
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