Michigan Dems want to overhaul sex ed, allow schools to distribute condoms

• Democratic proposal would require schools that teach sex ed to include instruction on consent, contraception
• Under the bill, schools would be no longer banned from distributing condoms or referencing abortion
• The legislation would still promote abstinence but no longer call it a ‘positive lifestyle for unmarried young people’

Michigan schools that teach sex education would be required to provide instruction about consent, contraceptives and "all legally available pregnancy outcomes" under overhaul legislation introduced this week by House Democrats. 

The sweeping proposal would also lift a longstanding ban on distributing condoms at schools and require sex ed instruction to be “medically accurate," age appropriate and "trauma informed" without “discriminatory bias” based on gender identity, sexual orientation or other factors. 

It's an effort to modernize outdated Michigan laws that have been on the books for two decades, according to state Rep. Rachel Hood, a Grand Rapids Democrat who said she wants to ensure students have the vocabulary to understand their changing bodies and what’s happening to them. 

Better sex education can help reduce pregnancies, sexually transmitted infections and sexual violence, she said. 

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“Comprehensive sex education takes a wider lens: enabling students to make healthy choices for themselves and their relationships — and lets these conversations begin long before sex or puberty at developmentally appropriate levels,” Hood told Bridge Michigan.

The legislation faces an uncertain future in Lansing, where Democrats have less than two months to advance bills before losing their majority to Republicans, some of whom have already signaled strong opposition. 

The proposal is flawed because it "removes the foundational emphasis on abstinence, potentially undermining a clear, responsible approach to sexual health,” said state Rep. Jaime Greene of Richmond, the top-ranking Republican on the House Education Committee.

House Speaker Joe Tate, D-Detroit, has not commented on the plan. But Speaker Pro Tempore Laurie Pohutsky, D-Livonia, is backing it, telling Bridge “it is absolutely a priority of mine” to get it passed in the lame-duck session. 

Birth control, condoms, abortion

Under Michigan law, school districts are required to provide students with information on HIV/AIDS, but it’s up to them how much more information they share about sex. 

For example, schools can choose to provide abstinence-only instruction or provide information on contraception, consent, healthy relationship and sexual orientation. Parents have the right to opt their children out. 

The legislation would not mandate schools teach sex ed, but it would change the standards for those that do. 

Schools would still teach abstinence as a "responsible and effective method” of preventing pregnancy, but the legislation would remove language calling abstinence a “positive lifestyle for unmarried young people.”

The bill would also require schools to provide information on the "effectiveness and safety of all contraceptive methods” approved by the Food and Drug Administration, including birth control medication. 

Additionally, the proposal would remove a ban on distributing a “family planning drug or device” on public school property, paving the way for school health clinics to provide condoms or birth control. 

Schools would also be required to provide “nonbiased information about all legally available pregnancy outcomes,” which would lift a longstanding prohibition against teaching abortion as a method of family planning or reproductive health. 

People who have a miscarriage need access to the same services as those who seek an abortion, said Hood, who noted that adoption would also be an appropriate form of family planning to discuss in the classroom. 

Early GOP opposition

Surveys show bipartisan support for sex education in schools, though there are nuances between political parties, and a growing number of conservatives have accused schools of attempting to “indoctrinate” students. 

Greene, the Richmond Republican, argued that discussions about gender identity, sexual orientation and reproductive rights “may conflict with family values and beliefs, risking a curriculum that is inconsistent with the moral framework many parents wish to instill in their children.” 

Hood has some support from several fellow Democrats, though it’s unclear if it will be a priority for Tate, the outgoing House Speaker. He has “not yet had a chance to review the details of the proposed legislation,” spokesperson Amber McCann told Bridge on Monday. 

Legislative leaders and Gov. Gretchen Whitmer “are still working out priorities for the remaining weeks of session in the term,” McCann said. 

The sex ed bill was referred to the House Education Committee. Chair Matt Koleszar, D-Plymouth, told Bridge he has not yet had a chance to review the measure or decide whether to schedule a public hearing on it. 

Hood told Bridge Michigan she hopes there will be a committee meeting on the bill in early December. She’s worried, though, that opponents could use “political rhetoric” to inflame the debate. 

Noting she has LGBTQ kids of her own at home, Hood called it “harmful and painful” to hear politicians “drumming up fear about sexual identity and LGBTQ issues.”

Among other things, the legislation would require sex ed programs to “affirmatively recognize that individuals have different sexual orientations and gender identities” and “be inclusive of various gender relationships” when providing relationship examples.

Parental input, opt-out 

The legislation would still allow parents to opt their kids out of sex ed without penalty, which Hood called an important aspect of the legislation. 

“As a parent, I believe that my children need to understand the facts first. And then we layer over what we know through our own lives, our experiences, the social mores that we gather from our families and our faith communities and any number of other external influences,” she said.

Under current law, school districts that teach sex ed have advisory boards that establish goals on reducing the rates of sex, pregnancy and STIs. Those boards also review materials and take under consideration teen pregnancy rates.  

The legislation would maintain those boards but change some of the rules: Local clergy would no longer be required to be on the board, but districts would be required to have two board members be district students. If a district wanted to stop sex education altogether, it would first need to hold two public hearings.

The Michigan Organization on Adolescent Sexual Health helped develop the legislation and believes it could stand the test of time even if it doesn’t get updated for several years, executive director Taryn Gal told Bridge.

“Every school district and every community will have a voice and the ability to have a curriculum that meets the needs of their students,” she said.