Topics: Preventing Comprehensive Sex Ed (CSE), supporting abstinence-based/abstinence only, sexual risk avoidance programs (SRA)
CDC National Health Education Standards
Organizations that promote Comprehensive Sex Education:
National Coalition to Support Sexuality Education (NCSSE)
2020 South Dakota Legislature
House Bill Draft 1
Requested by: Representative Deutsch
1 An Act to prohibit certain acts against children and provide a penalty therefor.
2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
3 Section 1. That a NEW SECTION be added:
4 26-10-36. Definition of terms.
5 Terms used in this Act mean:
6 (1) “Medical professional,” any physician, surgeon, physician assistant, nurse, clinical
7 nurse specialist, nurse practitioner, anesthetist, or medical assistant licensed under
8 title 36;
9 (2) “Mental health care professional,” any licensed medical, mental health, or human
10 services professional licensed under chapters 36-26, 36-27A, 36-32, or 36-33,
11 including any psychologist, psychiatrist, social worker, psychiatric nurse, allied
12 mental health and human services professional, licensed marriage and family
13 therapist, licensed rehabilitation counselor, licensed mental health counselor,
14 licensed educational psychologist, or any of their respective interns or trainees, or
15 any other person designated or licensed as a mental health or human service
16 professional, or behavioral science professional under South Dakota law who
17 provides mental healthcare services;
18 (3) “Sex,” the biological state of being female or male, based on sex organs,
19 chromosomes, and endogenous hormone profiles.
20 Section 2. That a NEW SECTION be added:
21 26-10-37. Perception of minor’s sex–Prohibited practices–Violation as a
23 Except as provided in § 26-10-38, a mental health care professional or medical
24 professional who engages in any of the following practices upon a minor, including an
25 emancipated minor, or who intentionally causes the practices to be performed, for the
26 purpose of attempting to change or affirm the minor’s perception of the minor’s sex, if
27 that perception is inconsistent with the minor’s sex, is guilty of a Class 4 felony:
1 (1) Performing surgeries that sterilize, including castration, vasectomy, hysterectomy,
2 oophorectomy, metoidioplasty, orchiectomy, penectomy, phalloplasty, and
4 (2) Performing a mastectomy;
5 (3) Administering or supplying the following medications that induce transient or
6 permanent infertility:
7 (a) Puberty-blocking medication to stop or delay normal puberty;
8 (b) Supraphysiologic doses of testosterone to females; or
9 (c) Supraphysiologic doses of estrogen to males; or
10 (4) Removing any otherwise healthy or nondiseased body part or tissue.
11 Section 3. That a NEW SECTION be added:
12 26-10-38. Perception of minor’s sex–Prohibited practices–Exceptions.
13 Section 26-10-37 does not apply to the good faith medical decision of a parent or
14 guardian of a minor born with a medically-verifiable genetic disorder of sex development,
16 (1) A minor with external biological sex characteristics that are irresolvably ambiguous,
17 such as a minor born having 46, XX chromosomes with virilization, 46, XY
18 chromosomes with undervirilization, or having both ovarian and testicular tissue;
20 (2) When a physician has otherwise diagnosed a disorder of sexual development, in
21 which the physician has determined through genetic testing that the minor does
22 not have the normal sex chromosome structure for a male or female.
23 Section 4. That this Act may be cited as the Vulnerable Child Protection Act.
*The language in blue are drafter’s instructions.
*Note from KC: Title could be slightly modified depending on the state. For GA, could add the words "mental and physical" to contrast with GA bills where the protection is only for "mental health." In some states, this bill could also be referred to as a Real Conversion Therapy ban that is focused on conduct, not speech, and hopefully polarize LBG and T interests in the process. We have parents in OH, WI, and MN where this could be a very effective strategy for media purposes as well.
Section 1. DEFINITIONS. For the purpose of this article:
a. “Mental healthcare services” means all therapies, courses of treatment, and communication, including speech, counseling, or “talk therapy,” provided by a mental healthcare professional to a patient or client intended to aid the patient in attaining his or her self-determined objectives.
b. “Mental healthcare professional” means any licensed medical, mental health, or human services professional licensed under [ State Mental Health Care Licensing Statute ] including any psychologist, psychiatrist, social worker, psychiatric nurse, allied mental health and human services professional, licensed marriage and family therapist, licensed rehabilitation counselor, licensed mental health counselor, licensed educational psychologist, or any of their respective interns or trainees, or any other person designated or licensed as a mental health or human service professional, or behavioral science professional under [ State’s] law [or regulation ] who provide mental healthcare services.
c. “Patient” or “client” means any person under the care of a mental healthcare professional.
d. “Political subdivision” means any division of local government, county, city, assessment district, municipal corporation, special purpose district, board, department, commission or any division of local government delegated the right to exercise part of the sovereign power of that subdivision. [Check state statute for definition of political subdivision.]
e. “Minor child” means any child below the age of 18.
Section 2. SELF-DETERMINED MENTAL HEALTHCARE SERVICES
a. No state office, agency, or any political subdivision of the state, nor any local government may prohibit:
i. Mental healthcare professionals from providing mental healthcare services to aid patients or clients in their self-determined objectives [TO NARROW SCOPE, INSERT ] related to their sexuality or identity, including any attractions, behaviors, or other emotional issues;
ii. Any parent or legal guardian from consenting or withholding consent to mental healthcare services for their minor child that aid the
minor patient or client in reaching their self-determined objectives [TO NARROW SCOPE, INSERT] related to their sexuality or identity, including any attractions, behaviors, or other emotional issues; and
iii. Any parent or legal guardian from consenting or withholding consent to mental healthcare services for their minor child for gender
dysphoria treatment or other treatments that are designed and intended to form a child’s perceptions of sex and gender.
Section 3. PROHIBITED PRACTICES.
a. Any individual, including, but not limited to, a mental healthcare professional or physician, who engages in any of the following practices upon a minor, or causes them to be performed, for the purpose of attempting to change, reinforce, or affirm the minor’s feelings of sexual attraction, sexual behaviors, or identity, is guilty of a felony punishable by a term of imprisonment not to exceed five years:
i. Performing surgeries that sterilize or which have the purpose or effect of causing sexual dysfunction upon maturity, including, but not limited to
i. Urethroplasties; and
ii. Performing mastectomies
iii. Administering medications which induce transient infertility or permanent infertility that include:
a. Administering or supplying puberty-blocking medication to stop or delay normal puberty
b. Administering or supplying cross-sex hormones
iv. Electroshocking the genitals;
v. Performing a lobotomy;
vi. Removing any otherwise healthy or non-diseased body part.
b. Any individual, including, but not limited to, a mental healthcare professional or physician, who engages in any of the following practices upon a minor, or causes them to be performed, for the purpose of attempting to change, reinforce, or affirm the minor’s feelings of sexual attraction, sexual behaviors, or identity, is guilty of a misdemeanor punishable by a term of imprisonment not to exceed one year:
i. Electroshocking a minor’s body parts, other than the genitals;
ii. Penetrating a minor’s fingers with needles;
iii. Tying down a minor’s hands and placing blocks of ice on the hands;
iv. Wrapping heat coils around a minor’s hands;
v. Subjecting a minor to ice baths;
vi. Injecting a minor with drugs to induce vomiting;
vii. Tying down a minor; or
viii. Inflicting other physical pain or suffering upon a minor that results in serious bodily harm or great bodily injury.
c. A mental healthcare professional who engages in any of the practices identified in subsections (a) and (b) of this section or causes them to be performed is also subject to professional discipline, including revocation of the mental health provider’s license, by the applicable professional licensing board or body that issued or has jurisdiction over the mental health provider’s license.
d. A resident parent or legal guardian of a minor resident of this state, who engages in or consents to any of the prohibited acts set forth in subsections (a) and (b), for the purpose of attempting to change, reinforce, or affirm a minor’s feelings of sexual attraction, sexual behaviors, or identity within or outside the boundaries of this state, shall be investigated by [ STATE DEPARTMENT OF CHILDREN AND FAMILIES OR EQUIVALENT] for child abuse and endangerment.
i. Upon [STANDARD OF PROOF ] showing that the parent or legal guardian engaged in or caused the prohibited acts, [DEPARTMENT OF CHILDREN AND FAMILIES] shall take the minor resident into custody, terminate any chemical sterilization or treatments identified in subsections (a) or (b), if possible, and proceed as in any other child abuse case in which serious bodily harm or great bodily injury to a child is alleged, up to and including termination of parental rights, upon [STANDARD OF PROOF clear and convincing evidence] being satisfied. ii. A court of this state retains jurisdiction for prosecutions under this section, regardless of whether the minor resident is transported out of state after investigation or prosecution commences.
iii. A resident parent or legal guardian of a minor resident of this state convicted of any of the prohibited acts set forth in subsections (a) and (b), within or outside the boundaries of this state, shall be guilty of the specified offense and subject to the specified penalties.
Section 4. JUDICIAL RELIEF
a. A mental health professional, patient or client (or if the patient or client is a minor, the minor’s parent or legal guardian) who has been harmed by a violation of Section 2 of this Act may bring a claim to obtain compensatory and special damages and/or injunctive relief against a state office, agency, or any political subdivision of the state, or any local government.
b. Any person harmed by a violation of Section 3 of this Act may bring a claim against the clinic, healthcare system, professional, or other person responsible for the violation.
c. A person shall be required to bring suit for violation of this section not later than two years after the day the cause of action accrues. Minors injured by prohibited practices under this Act may bring an action upon reaching majority two years from the date of desisting from a person's feelings of sexual attraction, sexual behaviors, or identity for which the prohibited practices were performed to change, reinforce, or affirm.
c. Standing to assert a claim or defense under this section shall be governed by the general rules of standing.
d. Prevailing mental healthcare professionals, patients or clients (or if the patient or client is a minor, the minor’s parent or legal guardian) who have brought a claim under this section are entitled to reasonable attorney’s fees and costs.
Section 5. PREEMPTION.
a. A political subdivision of this state is preempted from enacting, adopting, maintaining, or enforcing any order, ordinance, rule, regulation, policy, or other similar measure that prohibits, restricts, limits, controls, directs, or otherwise interferes with the professional conduct and judgment of a mental healthcare professional, including speech, undertaken within the course of treatment and communication with clients, patients, other persons, or the public, including but not limited to therapies, counseling, referrals, and education.
b. The attorney general or a mental healthcare professional may bring an action for an injunction to prevent or restrain violations of this section. A mental healthcare professional may recover reasonable costs and attorney’s fees incurred in obtaining an injunction under this subsection.
c. Sovereign and governmental immunity to suit and from liability is waived and abolished to the extent of the liability created by this section.
Utah Code 53G-10-402 Required parental consent for sex education instruction
Summary: A school must obtain written consent from parents before providing sex education to students. If a parent chooses not to have their child participate in sex education, the parent then takes responsibility for the child’s instruction in cooperation with the teacher or school, and the school shall either waive the requirement or provide a reasonable alternative to the requirement. There is no penalization if parents opt their student out of sex education.
Indiana Public Law 154 (Senate Enrolled Act 65, 2018)
Summary: Human sexuality instructional materials shall be available for inspection by the parent of a student. Before a student is given instruction on human sexuality, parents must receive a written request for consent. This request must also provide a summary of the content and nature of the instruction, inform parents of their right to review and inspect all related instruction materials, and request that parents provide their consent or decline instruction. If instruction is declined, the school shall provide the student with alternate academic instruction during the time human sexuality instruction would have otherwise been given. Human sexuality instruction may only be provided if the parent give consent or if the parent fails to respond after two notifications from the school. Parents may opt their students out at any time.
Life Site “New Law Empowers Parents to Veto Inappropriate Sex Ed”
Sample non-consent form provided by Liberty Counsel to parents
Resolution Passed by Republican National Committee – July 20, 2018
Summary: Schools shall disclose content of human sexuality instruction to parents and only provide such instruction after receiving written consent from parents. State legislatures to acknowledge the rights of parents to direct their children’s education, care, and upbringing, including the right to protect them from content they find unsuitable.
Summary: Parents must be give notice at least one month before teaching a sex education program and that the materials are available for inspection.
Things to avoid- broad definition of sex education, allowing schools to use outside speakers.
33-1611 Excusing Children From Instruction in Sex Education
Summary: Parents may opt their children out of sex education by filing a written request. Alternative education shall be provided for them.
Utah Code 53G-10-401-2c Health Curriculum Requirements
Summary: Promotes abstinence-based education while prohibiting instruction in intricacies of intercouse, sexual stimulation, or erotic behavior. Prohits the advocacy of premarital or extramarital sexual activity and the encouragement of the use of contraception. (This law does not prohibit instruction regarding contraception.)
Utah Code 53G-10-401-2b Health Curriculum Requirements
Summary: Instruction is to stress abstinence before marriage and fidelity after marriage and to teach personal skills that encourage these choices. Teachers prohibited from teaching anything or responding to questions regarding activity that violates state or federal law.
Utah Code 53G-10-401-1 and 2a Health Curriculum Requirements
Summary: Sex education instruction is to include, among other things, refusal skills, and the harmful effects of pronography. The definition of “refusal skills” includes instruction on refusing sexual advances, the obligation to stop sexual advances if refused by another, their right to report unwanted sexual advances and seek counseling, and sexual harassment. Students are also to be instructed that there are some things students cannot legally give their consent to such as sharing sexually explicit images of themselves or another.
53A-13-101.2. Waivers of participation — Required parental consent for human sexuality instruction.
(1) As used in this section:
(a) (i) “Human sexuality instruction” means any course material, unit, class, lesson, activity, or presentation that, as the focus of the discussion, provides instruction or information to a student about:
(A) sexual abstinence;
(B) human sexuality;
(C) human reproduction;
(D) reproductive anatomy;
(K) HIV/AIDS; or
(L) sexually transmitted diseases.
(ii) “Human sexuality instruction” does not include child sexual abuse prevention instruction described in Section 53A-13-112.
(b) “Parent” means a parent or legal guardian.
(c) “School” means a public school.
(2) If a parent of a student, or a secondary student, determines that the student’s participation in a portion of the curriculum or in an activity would require the student to affirm or deny a religious belief or right of conscience, or engage or refrain from engaging in a practice forbidden or required in the exercise of a religious right or right of conscience, the parent or the secondary
student may request:
(a) a waiver of the requirement to participate; or
(b) a reasonable alternative that requires reasonably equivalent performance by the student of the secular objectives of the curriculum or activity in question.
(3) The school shall promptly notify a student’s parent [or guardian] if the secondary student makes a request under Subsection [(1)] (2).
(4) If a request is made under Subsection [(1)] (2), the school shall:
(a) waive the participation requirement;
(b) provide a reasonable alternative to the requirement; or
(c) notify the requesting party that participation is required.
(5) The school shall ensure that the provisions of Subsection 53A-13-101.3(3) are met in connection with any required participation under Subsection [(3)] (4)(c).
(6) A school shall obtain prior written consent from a student’s parent before the school may provide human sexuality instruction to the student.
(7) If a student’s parent chooses not to have the student participate in human sexuality instruction, a school shall:
(a) waive the requirement for the student to participate in the human sexuality instruction; or
(b) provide the student with a reasonable alternative to the human sexuality instruction requirement.
(8) In cooperation with the student’s teacher or school, a parent shall take responsibility for the parent’s student’s human sexuality instruction if a school:
(a) waives the student’s human sexuality instruction requirement in Subsection (7)(a);
(b) provides the student with a reasonable alternative to the human sexuality instruction requirement described in Subsection (7)(b).
(9) A student’s academic or citizenship performance may not be penalized if:
(a) the secondary student or the student’s parent chooses to exercise a religious right or right of conscience in accordance with the provisions of this section; or
(b) the student’s parent chooses not to have the student participate in human sexuality instruction as described in Subsection (7).
Utah Code 53A-13-101.2.
OREGON – FROM PARENT’S RIGHTS in education
Remove Harmful and Obscene Materials From Schools Act
Sample legislation from Liberty Counsel and Liberty Counsel Action
Edited Aug 20, 2018 for Oregon Adaptation–CB
Whereas, Material defined as obscene is not within the area of constitutionally protected speech or press; and,
Whereas, Existing law prohibits the dissemination of materials deemed “obscene” or “harmful” to minors, but exempts from liability materials designated for “educational,” “scientific,” “governmental” and/or “scientific” purposes or persons, organizations and/or institutions disseminating the materials for such purposes;
Whereas, The Legislature of the State of Oregon declares that materials which are obscene or harmful to minors as defined by 2017 ORS 167.080 have no place in schools or school libraries to which minors have access in this state;
Whereas, The Legislature of the State of Oregon declares that there is no scientific or educational value to purportedly materials labeled as “educational” with contain matter that is obscene and/or harmful to minors as defined in state law, and
Whereas, The state has a compelling interest in protecting the health, safety and welfare of minors;
Therefore, The Legislature of the State Oregon hereby amends 2017 ORS 167.085 Section(s) (2) & (3) of the laws of the State of Oregon as follows:
(1) A declaratory judgment;
(2) Injunctive relief;
(3) Reasonable attorney’s fees and costs;
(4) Actual, incidental and consequential damages;
(5) Punitive damages, if appropriate; and
(6) Any other equitable relief which the court deems proper
For purposes of this section, a parent or guardian of a student enrolled in a school or child patronizing a public library in which the violation occurred is presumed to be a person allowed to bring a private right of action under this section.
Concerned Parents of Texas:
School Board Policy:
Uphold Texas Age of Consent and Biological Reality
The policy of our school district is that all employees, including administrators and teachers of our Texas schools will uphold all state laws regarding the age of consent for sexual activity, which is 17.
Neither Planned Parenthood nor any organization affiliated with Planned Parenthood will be allowed on our campuses or any access to our students. No personnel from these organizations will be allowed access to our students, either in digital form or in the form of curriculum. No information to minors that encourages sexual experimentation and conduct will be allowed. This includes library books and any assigned reading material or digital material No obscene material will be presented to our students in any form.
Contributing to the delinquency of a minor is a crime in Texas. We will ask for prosecution to the full extent of the law if any school employee encourages under age minors to engage in any illegal behavior, especially relating to illegal drugs, alcohol, or sexual behavior.
The policy of our school district is that our children will only be taught objective reality, including objective biological reality. The harmful artificial construct of reality called transgenderism will not be taught or presented to our students. This includes books in our school libraries and any assigned reading material or digital material.
LA HB 305 https://www.legis.la.gov/legis/BillInfo.aspx?i=224017
SUMMARY: Prohibits providers of elective abortions and their affiliates from delivering certain instruction or materials in schools (prohibits Planned Parenthood from teaching sex ed)