Some opponents of the bill are concerned that it includes ’the theory that reproductive anatomy does not necessarily determine a person’s gender.’
California Gov. Gavin Newsom has vetoed a bill that would have directed the state education board to approve new teaching for health classes in elementary and middle schools.
The bill, sponsored by Assemblymember Tasha Boerner (D-Encinitas), sought to compel the State Board of Education to finalize health education resources by mid-2028. These materials were to follow the guidelines set in a 2019 statewide plan for health instruction.
In explaining his choice, Newsom said the bill should be considered only after finishing an ongoing evaluation of health teaching programs across California. This study aims to assess current practices and identify potential improvements before mandating new tools.
Opponents of the measure said that implementing the bill could lead to lessons for children as young as third graders suggesting that reproductive organs do not always align with an individual’s sense of gender.
“Teaching controversial gender theories to students as young as eight or nine years old is not a practice that most Californians support, nor want to see happening in our schools,” state Senate Minority Leader Brian Jones, a Republican from Santee, wrote in a Sept. 26 letter to the governor urging him to veto the bill.
Jones, in his letter, said that the 2019 health framework “introduces the theory that reproductive anatomy does not necessarily determine a person’s gender.”
Supporters of AB 86, including some education advocates, considered it a step to ensure consistent, up-to-date resources that cover vital topics such as growth, safety, and well-being. The 2019 framework, which the bill referenced, encourages talks on gender identity.
The framework stated that fifth graders “will have an opportunity to learn that gender is not strictly defined by physical anatomy or sex assigned at birth.”
It also suggests activities that challenge assumptions about gender roles, such as reading stories about children who defy stereotypes in dress or behavior.
The 2019 health framework, adopted under Newsom’s administration, built on laws like the California Healthy Youth Act, which mandates lessons on sexual orientation, gender, and relationships. It allows parents to opt their children out of the sex ed and HIV prevention curriculum, but does not allow families to opt out of materials that discuss gender, gender identity, gender expression, and sexual orientation, according to ACLU and CTA’s interpretation of the law.
Boerner, the bill’s author, did not immediately respond to requests for comment on the veto.
