Amid Trump order, CA education department stands firm on LGBTQ curriculum

  • by Matthew S. Bajko, Assistant Editor
  • Wednesday January 29, 2025
Share this Post:
The office of State Superintendent of Public Instruction Tony Thurmond, left, said California education curriculum will continue to include LGBTQ topics, despite President Donald Trump's executive order issued January 29. Photos: Thurmond, courtesy the subject; Trump, Reuters pool
The office of State Superintendent of Public Instruction Tony Thurmond, left, said California education curriculum will continue to include LGBTQ topics, despite President Donald Trump's executive order issued January 29. Photos: Thurmond, courtesy the subject; Trump, Reuters pool

An executive order issued Wednesday by President Donald Trump will not stop California public schools from teaching LGBTQ curriculum, according to the state education office.

In response to questions from the Bay Area Reporter regarding the latest missive against LGBTQ students issued by the Republican administration, the California Department of Education stated that the White House has no power to dictate what is taught in the Golden State.

"President Trump signed an executive order today that does nothing but require the Secretary of Education to determine what federal education funds can legally be rescinded as a penalty for teaching curricula that President Trump finds objectionable. We can give the Trump Administration that answer right now: nothing," stated Liz Sanders, the director of communications for the statewide education agency. "It is against federal law for the White House to dictate what educators can and cannot teach by threatening to defund essential public services for students."

State Superintendent of Public Instruction Tony Thurmond, a 2026 gubernatorial candidate, has been a vocal defender for the rights of LGBTQ students in recent years as they have come under attack by conservative-led school districts across the state. He has issued orders upholding the rights of queer and transgender pupils and worked with California Attorney General Rob Bonta's office to protect those rights in the courts.

Last year, with the backing of Thurmond, state lawmakers banned school administrators and teachers from outing LGBTQ students without their permission except if doing so was deemed needed for their safety and wellbeing. His office is planning to roll out a cultural competency training this summer for all teachers and other certificated employees serving students in grades seven to 12.

The state education office did not address the B.A.R.'s questions on what impact Trump's order would have on the launch of the online training course. Nor did it address what it could mean for the new law protecting LGBTQ students from being outed or for the statewide LGBTQ school advisory body it convened last summer due to the enactment of another law passed by state lawmakers.

It was a state law that took effect in 2012 that mandated the LGBTQ curriculum standards for California public schools to meet, though a report released last year by statewide LGBTQ civil rights organization Equality California found few school districts have met all of the law's requirements, as the B.A.R. reported in October.

Nonetheless, Sanders said there is nothing in Trump's order preventing California school districts from moving forward with plans to implement the curriculum requirements.

"School curriculum should not vacillate back and forth depending on the occupant of the White House, which is why federal law already prohibits the federal government from leveraging grants to mandate specific instructional content in schools," stated Sanders.

The order

Trump's executive order issued January 29 and titled "Ending Radical Indoctrination in K-12 Schooling" calls for eliminating "all federal funding or support for illegal and discriminatory treatment and indoctrination in K-12 schools, including based on gender ideology and discriminatory equity ideology and protecting parental rights." It includes all federal grants or contracts "that directly or indirectly support or subsidize the instruction, advancement, or promotion of gender ideology or discriminatory equity ideology: in K-12 curriculum, instruction, programs, or activities; or in K-12 teacher education, certification, licensing, employment, or training."

The secretary of education, the secretary of defense, and the secretary of health and human services, in consultation with the attorney general, are to come up with a plan within 90 days to implement it.

"My Administration will enforce the law to ensure that recipients of Federal funds providing K-12 education comply with all applicable laws prohibiting discrimination in various contexts and protecting parental rights," wrote Trump.

The executive order also continues Trump's inaccurate contentions he made on the campaign trail and since being sworn in as president this month that schools are facilitating the gender transitions of children without the knowledge of their parents. It instructs the U.S. attorney general's office to coordinate with state attorneys general and local district attorneys on filing "appropriate actions against K-12 teachers and school officials" if they are "unlawfully practicing medicine by offering diagnoses and treatment without the requisite license; or otherwise unlawfully facilitating the social transition of a minor student."

Congressional Equality Caucus Chair gay Congressmember Mark Takano (D-Riverside), a former teacher, condemned Trump's proposal and continued attacks on LGBTQ youth.

"As a former teacher, I'm appalled by Donald Trump's attempt to use the federal government to censor LGBTQI+ voices and stories in our schools and make LGBTQI+ students less safe," stated Takano. "Every student deserves to be respected at school and receive an honest education, free from discrimination. America was founded on the principles of free speech, free expression, and freedom from government censorship, but President Trump doesn't care about any of that. All he wants is to attack LGBTQI+ people — maybe to distract the public from the chaos his Administration is wreaking across the country."

The Human Rights Campaign, the national LGBTQ rights group, was quick to condemn Trump's order. HRC President Kelley Robinson blasted it as an attempt by the administration "to dictate to children, their parents, and educators what they can read, what they can learn, what they can say, and who they can be."

In a statement Robinson contended, "They want to limit the ability to talk about the very existence of LGBTQ+ people in our schools and keep all our children from being taught an honest, accurate history of our nation. All young people — including LGBTQ+ students and the children of LGBTQ+ parents, who are accepted by the adults in their life have much better outcomes for mental health and other metrics. We owe it to them to ensure that they feel safe, respected and ready to learn when they're at school."

Lambda Legal Defense and Education Fund warned the order requires school officials "to deny the existence of transgender people altogether." It noted it aims to ban "federally-funded educational institutions from respecting the identities of trans and gender non-conforming students, blocking them from using the correct restroom or participating in interscholastic athletics (sports teams), and compelling schools to inform a student's parents or guardian if the student requests to be referred to with a different name or pronoun, regardless of whether such a notification could put the student at risk of harm."

The LGBTQ legal group said it was reviewing the "horrific executive order" and "actively considering potential courses of action" it could take to block it from taking effect.

"Today, the Trump administration rolled out yet another executive order consisting of patently unconstitutional nonsense designed to demean transgender and all LGBTQ+ young people, deny their very existence, and cause them harm," stated Nicholas Hite, Lambda Legal's McDonald/Wright senior attorney.

Updated 1/29/25 with reaction from gay Congressmember Mark Takano (D-Riverside).

Never miss a story! Keep up to date on the latest news, arts, politics, entertainment, and nightlife.

Sign up for the Bay Area Reporter's free weekday email newsletter. You'll receive our newsletters and special offers from our community partners.

Support California's largest LGBTQ newsroom. Your one-time, monthly, or annual contribution advocates for LGBTQ communities. Amplify a trusted voice providing news, information, and cultural coverage to all members of our community, regardless of their ability to pay -- Donate today!