How Equality Act Could Become Classroom Bully With Biased, Unscientific Curriculum

The Senate Judiciary Committee held hearings Wednesday on the so-called Equality Act, a piece of legislation unparalleled in its hostility to religious liberty and that elevates sexual orientation and gender identity to protected-class status alongside race, sex, and national origin in the Civil Rights Act of 1964.

The Equality Act also expands the definition of “public accommodation” under federal law, and recipients of any federal funding—such as schools—would be directly affected by the act if it becomes law. It has already passed the House of Representatives.

Plenty of ink has been spilled on the disastrous consequences the Equality Act would have on the administration of school sports, locker rooms, and bathrooms.

But what of the curriculum the Equality Act might force schools to teach? Could it compel teachers to peddle unscientific notions that gender is “fluid,” or that a student’s subjective self-identity is superior to the biological reality of his or her chromosomal makeup?

Unfortunately, due to some legal sleight of hand, the answer is very likely “yes.”

As a general matter, the federal government is prohibited from meddling with school curriculums, something better left to local and state education associations as part of the 10th Amendment’s assurance that the powers not specifically delegated to the federal government are reserved to the states.