Record of Our Dissent is a reoccurring portion of our newsletter dedicated to publishing previously submitted letters, public testimony and comment written to oppose Massachusetts and federal laws and policies which erode the sex-based rights of women and girls as well as child safeguarding. In addition to documenting our our dissent, we hope these writings will inspire others to speak out and take action.
On June 27th 2023, the Massachusetts Department of Elementary and Secondary Education (DESE) voted to send their draft of the updated Comprehensive Health and Physical Education Framework (CHPE) out for public comment, https://www.doe.mass.edu/sfs/healthframework/. The comment period began on June 28 and ended on August 31. This is the first time that Massachusetts has updated its health and sexuality curriculum since 1999.
The new framework includes many new skills and topics, including decision making, media literacy and relationship skills and instruction on sexual orientation, sexual health and gender identity.
Below is a public comment submitted by a member of ma4woman which argues against the inclusion of gender identity in the new curriculum framework.
Public Comment on the MA Comprehensive Health and Physical Education guidelines, addressed to The Revision Panel, 9/26/23
Thank you for the opportunity to respond to the draft revised Framework of the Massachusetts Comprehensive Health and Physical Education guidance.
I commend the Framework’s Vision Statement and Guiding Principles which emphasize that the curricula developed from it should be comprehensive, well-rounded, inclusive, medically accurate, developmentally and age-appropriate, provide a safe and supportive learning environment and incorporate diverse perspectives. I further appreciate the inclusion of topics which address new social challenges faced by students, like social media, vaping and changing attitudes toward normative gender roles and the harms of sex-based stereotypes.
However, in keeping with my respect for the Vision Statement and Guiding Principles and with my concern for the negative effects of sex-based stereotypes in schools, I am writing to offer comment and suggestions on how the topics of sex and gender identity are presented in the Framework, and how they will ultimately be taught in the classroom. In addition, I have included an appendix which notes specific suggested changes for cited passages from the practices. This can be found at the end of my comments.
The Framework, as intended by DESE, leaves a lot of discretion up to school districts and individual educators. I worry that between what is contained in and intended by these standards, and the discretion left to local districts, some material that might be taught on the matters of sex and gender identity may not be sufficiently accurate and inclusive and may instead lay the groundwork to fortify stereotypes instead of dispelling them. I note that a referenced, but unpublished, appendix “of resources to support implementation of effective Comprehensive Health and Physical Education” (page 6) should also be available for consideration so that the public can be better informed as to how the Framework may be implemented.
The fundamental change that I suggest is to replace the framing of the repudiation of sex-based stereotypes and normative gender roles from one that centers the idea of “gender identity” with one that centers the more general concept of “gender nonconformity.” As I will show, doing this will better align the Framework with its Values and Guiding Principles and eliminate the need to use a problematic concept that does not satisfy the standards of medical accuracy, inclusivity, and opposition to stereotypes.
Consistency and Clarity of Key Terms
But first I want to draw attention to a few important terms which are not defined in the Framework and are used inconsistently and/or without clarity.
I suggest that the terms “sex” and “biological sex” be exclusively defined as, and used in teaching materials to refer to, either of the two divisions (female and male) by which all mammals are classified on the basis of their reproductive pathway: the female pathway developing Müllerian structures which could potentially produce large sessile gametes (eggs), or the male pathway developing Wolffian structures which could potentially produce small motile gametes (sperm).
The term “sex assigned at birth” is simply not medically accurate and should not be used. Sex is observed at birth or in utero, and recorded on official documents. To state that it is assigned implies that it could have been assigned equally correctly any other way. This is of course not the case, as is made evident by instances of clerical errors or Differences of Sexual Development. If sex were merely assigned it would not be possible for official sex to be corrected when there are errors resulting from either of these situations. Those original sex designations would simply be the sex. The fact that sex designations can be corrected in cases of error implies that there is some reality underlying the designation.
The terminology of gender is even more fraught with risks to accuracy, inclusivity, and the reinforcement of normative gender roles. The World Health Organization for instance defines “gender” as “the characteristics of women, men, girls and boys that are socially constructed. This includes norms, behaviors and roles associated with being a woman, man, girl or boy, as well as relationships with each other. As a social construct, gender varies from society to society and can change over time” (World Health Organization, 2011). In other words, “gender” means gender roles, i.e. prescriptive social roles based on sex stereotypes.
The term “gender roles” should refer to the particular social roles females and males are expected to occupy in any particular society as derived from that society’s sex-based stereotypes.
The World Health Organization defines gender identity as “a person’s innate, deeply felt internal and individual experience of gender, which may or may not correspond to the person’s physiology or designated sex at birth”. This definition is in keeping with those offered by the Commonwealth of Massachusetts (A), Planned Parenthood (B) and Boston Children’s Hospital (C). From these definitions it is fair to conclude that a person’s gender identity is simply the gender role(s) (based on sex-stereotypes) which they feel most aligns with their preferences, how they see themself and how they would like others to see them.
Conceptual and Empirical Problems with the Concept of Gender Identity
There are several significant conceptual problems with the notion of gender identity regarding its logical coherence as well as the fact that it is based on unverifiable and non-falsifiable premises. These all undermine its claims to truth, including claims to medical and scientific truth.
For example, since gender identity is said to differ from sex, and thus is not limited to a binary, then in order for it to be a logically coherent concept we would need to be able to determine if there are a fixed or infinite number of gender identities and upon what basis they can be distinguished from each other. However, if gender identity can only be known subjectively and internally, then there is no way to determine if one person has the same gender identity as anyone else. This means that there is no way to know if what one person means when they describe their own gender as "X" is the same as what another person means when they use the same terminology to describe their own gender identity. To determine this would require knowledge of not only one's own gender identity, but of other people's in order to know what category one's own fits in. Thus, gender identity is an internally incoherent concept and cannot be true because we cannot know what any particular gender identity is, or if it is one of many possible gender identities, or if all gender identities are one and the same.
In addition to conceptual problems with the notion of gender identity, there are empirical problems as well. For example, gender identity is often described as something that is in the head, located in or produced by the brain. This is clearly illustrated in the Genderbread Person and Gender Unicorn diagrams, used by at least a dozen Massachusetts schools (D) which explicitly depict gender identity as being located in the head. But this is far from a fact of neuroscience. The few studies that explore gender identity by examining the neuroimaging of transgender people and comparing certain variables with non-transgender counterparts of both sexes, in order to find similarities between the brains of trans women and non-transgender women and between the brains of trans men and non-transgender men, do not find any clear results pointing to a gender identity (Alberto Frigerio, 2021)
So if there is neither a conceptual nor an empirical basis for the claim of gender identity, on what basis can gender identity be said to exist? I contend that it is a psychosocial phenomena, that is, an instantiation of normative gender roles based on regressive sex-stereotypes. In other words, this understanding of one’s self in terms of gender identity is a reinforcement, and even a reification of, sex-based stereotypes and thus it is in contravention to the Frameworks’ Guiding Principles and Vision regarding inclusion and statements against stereotyping.
Gender Nonconformity
Given the conceptual, empirical, accuracy and inclusivity problems regarding the concept of gender identity and how it reifies gender roles and sex-based stereotypes, I suggest that the concept of gender-nonconformity replace the concept of gender identity when teaching about social and self acceptance of the myriad ways that girls and boys can express themselves and relate to themselves and others as sexed human beings.
The idea of gender nonconformity makes no unsupported conceptual claims and is an empirically observable phenomena across culture and time. Simply put, it is the fact that some people do not conform (in behavior, appearance or preferences) to the sex based stereotypes and expectations of their particular society. It asserts nothing about the existence of a universal, internal, subjective identity and nothing about the empirical existence of a sexed brain and does not thereby imply that a person can be “born in the wrong body.” Teaching about the many ways that people can express their preferences, think about themselves and inhabit their sexed bodies, does not necessitate the use of the concept of gender identity, as we can see in the writings of respected theorists in the field of Gender, such as Avgi Saketopoulou (Gender Without Identity, 2023), Jules Gill-Peterson (Histories of the Transgender Child, 2018) and Judith Butler (Gender Trouble, 2006).
Additional Concerns Resolved by Replacing the Concept of Gender Identity with Gender Nonconformity
Introducing the idea of gender identity as early as third grade, as formulated in the Framework’s practices, is not age appropriate. Because it is presented as a universal fact, not to be questioned, and without context, such teachings are likely to cause some children feelings of bodily dissociation as well as excessive rumination and self doubt about their relationship to their own sexed bodies. Most importantly, if not discussed alongside fact based and scientifically grounded information about the biology of sex, students could be misled to believe that it is possible to be “born in the wrong body,” and to change biological sex. Children at this early age lack the psychological and cognitive development to critically understand the idea of gender identity and its implications. I believe that if this concept is to be taught it is best to wait till ninth grade, when students have the maturity to examine and evaluate the concept in a psychosocial context.
Schools have a right, and even an obligation, to set standards for behavior and conduct which promote a safe and supportive learning environment. But they have no such right to set standards for beliefs or values, especially when doing so would inhibit the expression of diverse perspectives and disrespect the diverse backgrounds of students and their families. The incorporation of the idea of gender identity into the CHPE curriculum, as currently proposed in the Framework’s practices, essentially requires that all students believe in a concept that they may not hold. If a student states that they do not experience themself as having a gender identity or do not believe in the concept, they are then vulnerable to being told not only that they are mistaken in their perceptions and beliefs, but also that their (and their families’) views are morally wrong. Clearly, an environment of intimidation and disrespect is not what any of us want for students.
That sex is real, binary and immutable should be regarded as “essential knowledge” (page 8) in the Framework. Sex is a fundamental factor in understanding health risks, diagnosis and outcomes. It’s an important variable in analyzing data related to health and safety, from crime statistics to product safety. And without an acknowledgement of the binary nature of sex, and population level sex differences, it is impossible to even name, let alone discuss, the fact that females are especially vulnerable to being discriminated against or otherwise harmed on the basis of their sex, their bodies, and their reproductive capacity. For example, all girls, regardless of identity, or the extent to which they conform to gender roles, are at greater risk of sexual assault and exploitation than boys. Understanding various sex-based risk factors is crucially important and pertains directly to all students' health, safety and physical well being.
Appendix: Citations From the Practices with Comments and Suggested Changes
Citations are bold.
Gender, Sexual Orientation, and Sexual Health [PK.3.GS]
1. Discuss gender-role stereotypes and their potential impacts on people of all genders.
The word “sex” should always be used when referring to biological sex.
The phrase “people of all genders” would be misleading to such young children because it implies that there are more than two sexes, female and male.
Suggested change: Discuss gender-role stereotypes and their potential impacts on people of both sexes.
Healthy Relationships [PK.3.HR]
1. Demonstrate awareness of, and ways to show respect for, all types of families (e.g., families with heterosexual parents, families with same-gender parents, single parent families, intergenerational families, adoptive families, foster families).
Referring to gay or lesbian parents as “same-gender” parents is considered by many to be homophobic. The preferred term is “same-sex” parents. Being lesbian or gay is defined as same-sex attraction, not same-gender attraction.
Suggested change: Demonstrate awareness of, and ways to show respect for, all types of families (e.g., families with heterosexual parents, families with same-sex parents, single parent families, intergenerational families, adoptive families, foster families).
Gender, Sexual Orientation, and Sexual Health [3.5.GS]
1. Describe the differences between biological sex and gender identity, and explain how one’s outward behavior or appearance does not define one’s gender identity or sexual orientation.
Suggested change: Describe the differences between biological sex and gender roles which are based on sex-stereotypes and explain how one’s outward behavior or appearance does not necessarily indicate how much one conforms to gender roles or one’s sexual orientation.
Gender, Sexual Orientation, and Sexual Health [3.5.GS]
2. Describe a range of ways people may express their gender and that some people’s gender identity (how they think about themselves) matches others’ expectations about what their bodies look like on the outside and others do not.
This practice is nearly incomprehensible.
Suggested change: Describe a range of ways people may express their personalities and preferences and that some people’s self expression (through behavior, clothing or hair styles, for example) may or may not match others’ expectations based on their sex.
Gender, Sexual Orientation, and Sexual Health [3.5.GS]
3. Explain how gender identity and sexual orientation can vary in each individual.
Suggested change: Explain how conformity or nonconformity to gender roles and sexual orientation can vary in each individual.
Gender, Sexual Orientation, and Sexual Health [3.7.GS]
1.Demonstrate ways to treat people of all gender identities, gender expressions and sexual orientations, including other students, their family members, and members of the school community, with dignity, respect, and empathy.
Suggested Change: Demonstrate ways to treat gender-nonconforming and same-sex attracted people, as well as all other students, their family members, and members of the school community, with dignity, respect, and empathy.
Gender, Sexual Orientation, and Sexual Health [3.7.GS]
2.Propose and support classroom policies and behaviors that promote dignity and respect for people of all gender identities, gender expressions, and sexual orientations.
Suggested change: Propose and support classroom policies and behaviors that promote dignity and respect for people who are gender non-conforming, conforming and of all sexual orientations.
Gender, Sexual Orientation, and Sexual Health [6.3.GS]
1.Explain how assigned sex, gender identity, and gender expression are distinct concepts and how they interact with each other.
Sex is not assigned, it is observed. It is misleading and medically inaccurate to suggest to children that their sex is not a knowable and verifiable fact that was observed at birth and that there is anything at all arbitrary about their sex designation. Yes, there are people with disorders of sexual development, but this is the exception that proves the rule, and even these disorders are sex specific.
Suggested change: Explain how sex and sex-role stereotypes are distinct concepts and how they interact with each other.
Gender, Sexual Orientation, and Sexual Health [6.3.GS]
2. Explain the difference between sexual orientation and gender identity.
Suggested change: Explain the difference between sexual orientation and gender conformity or nonconformity.
Gender, Sexual Orientation, and Sexual Health [6.3.GS]
3.Explain the three dimensions of sexual orientation (i.e., identity, attraction, and behavior) and how they are all a part of an individual’s sexual orientation that may or may not align with each other.
Sex is the most crucial dimension of sexual orientation and it is concerning that it has been left out. “Identity” is listed as one of the “dimensions” but it is unclear if the authors mean gender identity or personal identity. Also it is unclear what is meant by behavior.
Suggested change: Explain all the dimensions of sexual orientation (ie, sex, gender conformity or nonconformity and attraction) and how they might be a part of an individual’s sexual orientation that may or may not align with eachother.
Gender, Sexual Orientation, and Sexual Health [6.3.GS]
4.Explain that attractions can be romantic, emotional, and/or sexual to an individual of the same gender and/or a different gender(s) and that attractions can change over time.
This does not take into account that sexual attraction is most often based on sex, not the extent to which a person conforms to gender roles. It also does not acknowledge that for many people sexual attraction does not change over time.
Suggested change: Explain that attractions can be romantic, emotional, and or sexual to an individual of the same or different sex, same or different degree of gender non-conformity and that for some people sexual attraction is immutable while for others it can change over time.
Gender, Sexual Orientation, and Sexual Health [6.3.GS]
5.Demonstrate the ability to create or maintain positive relationships with people of all gender identities, gender expressions, and sexual orientations.
Suggested change: Demonstrate the ability to create or maintain positive relationships with people of all sexual orientations, and degrees of gender conformity.Gender, Sexual Orientation, and Sexual Health [6.5.GS]
1. Explain how perceptions and social norms influence thoughts, attitudes, beliefs, and behaviors toward sexual orientation, sexual health and sexual activity.
Sex should also be included.
Suggested change: Explain how perceptions and social norms influence thoughts, attitudes, beliefs, and behaviors toward sex, sexual orientation, sexual health and sexual activity.
Gender, Sexual Orientation, and Sexual Health [6.5.GS]
2. Analyze external influences (e.g., peers, media, technology, family, society, community, culture) that have an impact on an individual’s attitudes, beliefs, and expectations about gender identity, gender roles, and sexual orientation.
Suggested change: Analyze external influences (e.g., peers, media, technology, family, society, community, culture) that have an impact on an individual’s attitudes, beliefs, and expectations about gender roles and one's degree of conformity to gender roles and sexual orientation.
Gender, Sexual Orientation, and Sexual Health [6.6.GS]
4. Identify parents, guardians, or other supportive, trusted adults to whom students can ask questions about gender, gender-role stereotypes, gender identity, and sexual orientation and demonstrate strategies for engaging in these conversations.
What is meant by “gender” in the sentence “...ask questions about gender…” ? Do the authors mean biological sex or do they mean sexual activity?
Suggested change: Identify parents, guardians, or other supportive, trusted adults to whom students can ask questions about sex, sexual activity, gender-role stereotypes, gender nonconformity, and sexual orientation and demonstrate strategies for engaging in these conversations.
Gender, Sexual Orientation, and Sexual Health [6.7.GS]
1. Demonstrate ways to show courtesy and respect for others when aspects of their sexuality (e.g., sexual activity [including abstinence], sexual orientation) or gender (e.g., gender expression, gender identity) are different from one’s own.
One student may treat another disrespectfully because the other student is of a different sex (male/female). Sex matters, not just sexual activity, gender expression, or gender identity. Additionally, courtesy and respect should be shown to those who do not believe they have, or believe in gender identity.
Suggested change: Demonstrate ways to show courtesy and respect for others when their sex or aspects of their sexuality (e.g., sexual activity [including abstinence], sexual orientation) or degree of conformity to gender roles, or beliefs about gender identity are different from one's own.
Gender, Sexual Orientation, and Sexual Health [6.7.GS]
2. Encourage others to refrain from teasing or bullying others based on their sexuality (e.g., sexual activity [including abstinence], sexual orientation) or gender (e.g., gender expression, gender identity).
This passage suggests that when the Framework uses the term gender it does NOT mean sex, but gender identity or gender expression.
It is important to recognize that students can be teased or bullied based on their sex, not just their sexual activity or degree of adherence to gender roles.
Suggested change: Encourage others to refrain from teasing or bullying others based on their sex, sexuality (e.g., sexual activity [including abstinence], sexual orientation) or degree of conformity to gender roles and sex stereotypes.
Gender, Sexual Orientation, and Sexual Health [6.7.GS]
3. Identify behaviors, policies and practices in the school community that promote or hinder dignity and respect for all individuals, including those of different sexual orientations, gender identities, and gender expression.
Again, behaviors, policies and practices within the school community can hinder the dignity of students based on their sex, not just sexual orientations, gender identities and gender expression.
Suggested change: Identify behaviors, policies and practices in the school community that promote or hinder dignity and respect for all individuals, based upon their biological sex, sexual orientation, degree of conformity to gender roles, and belief in gender identity.
Gender, Sexual Orientation, and Sexual Health [3.5.GS]
3. Summarize benefits (e.g., mutual respect, deeper connections, inclusion) of respecting individual differences in aspects of sexuality (e.g., sexual activity, sexual abstinence, sexual orientation) and gender (e.g., gender expression, gender identity), growth and development, and physical appearance.
Sex matters here too.
Suggested change: Summarize benefits (e.g., mutual respect, deeper connections, inclusion) of respecting individual differences in aspects of sex, sexuality (e.g., sexual activity, sexual abstinence, sexual orientation) and degree of gender conformity, growth and development, and physical appearance.
Gender, Sexual Orientation, and Sexual Health [9.5.GS]
1.Determine the role of personal views about gender, sexual identity, and sexual health on choices and behaviors.
How is the word “gender” being used here? Do the authors mean biological sex or gender identity and gender expression (as the word “gender” has been used previously in this document)? Also, what is meant by “sexual identity,” sexual orientation? Sex should be included.
Suggested change: Determine the role of personal views about the males and females, sexual identity, and sexual health on choices and behaviors.
Gender, Sexual Orientation, and Sexual Health [9.7.GS]
1.Discuss how to foster empathy, inclusiveness, and respect around issues related to sexuality (such as sexual activity, sexual abstinence, sexual orientation), gender expression, and gender identity.
Empathy, inclusiveness and respect should also be extended to talking about issues related to sex (being male and female) and the acceptance of gender nonconformity and not having or believing in gender identity.
Suggested change: Discuss how to foster empathy, inclusiveness, and respect around issues related to being male and female, sexuality (such as sexual activity, sexual abstinence, sexual orientation), gender expression, and gender identity, gender-nonconformity and not having or believing in gender identity.
Gender, Sexual Orientation, and Sexual Health [9.7.GS]
2.Identify and support school and community policies and programs that promote safety, dignity, and respect for all sexual orientations and people of all gender identities and gender expressions.
Suggested change: Identify and support school and community policies and programs that promote safety, dignity, and respect for females and males, people who are gender-nonconforming, all sexual orientations and people of all gender identities and gender expressions, and people who do not experience of believe in gender identity.
References
García-Acero, M., Moreno, O., Suárez, F., & Rojas, A. (2020). Disorders of sexual development: current status and progress in the diagnostic approach. Current urology, 13(4), 169-178. Taken from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6976999/#:~:text=Disorders%20of%20sexual%20development%20(DSD,tract%20and%20different%20clinical%20phenotypes.
Alberto Frigerio, Lucia Ballerini, and Maria Valdés Hernández (2021)
Structural, Functional, and Metabolic Brain Differences as a Function of Gender Identity or Sexual Orientation: A Systematic Review of the Human Neuroimaging Literature Taken from: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8604863/
World Health Organization. (2011). Gender mainstreaming for health managers: a practical approach. Geneva : World Health Organization. Taken from: https://www.who.int/health-topics/gender#tab=tab_1.
(A)The Commonwealth of Massachusetts
“gender identity” as “a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth. Gender-related identity may be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender-related identity is sincerely held as part of a person's core identity; provided, however, that gender-related identity shall not be asserted for any improper purpose.”
(M.G.L Chapter 4, § 7, para 59.)
(B) Planned Parenthood
“Gender identity is how you feel inside and how you express your gender through clothing, behavior, and personal appearance. It’s a feeling that begins very early in life.”
Taken from: https://www.plannedparenthood.org/learn/teens/all-about-sex-gender-and-gender-identity
(C) Boston Children’s Hospital
says “Gender identity (noun) is the internal perception of one’s gender, and how a person labels themselves based on how much they align or don’t align with what they understand their options for gender to be. Common identity labels include man, woman, genderqueer, trans and other diverse gender identities. Gender is not to be confused with sex assigned at birth or “biological sex.””
Taken from: https://www.childrenshospital.org/sites/default/files/media_migration/d9874254-a495-45a4-afbb-9ee7096bd4d8.pdf, page 8
(D) Massachusetts Informed Parents, Facebook
Arlington, Avon, Chelmsford, Danvers, Dover-Sherborn, Lynn, Mansfield, Medfield, Middleborough, Natick, Old Rochester Regional, Sharon, Tantasqua Regional, Wakefield.