Politics & Government

Referendum to repeal sex-ed law gets twice the needed signatures to put it on ballot

A referendum to repeal a law mandating sex education in schools had garnered more than 264,000 verified signatures — more than twice the needed amount, according to the Secretary of State’s Office’s online counter.

In order to get a measure on the ballot, the campaign needs at least 129,811 valid signatures.

Those pushing to repeal the sex- ed law say the curriculum is “too much, too soon” for students, and parents should have more of a say in when a child learns about sexual health.

Supporters of the bill believe it will help curb sexual assaults by promoting an understanding of consent with age-appropriate concepts.

Puyallup Republican candidates for state offices in the 25th Legislative District have been actively involved in the movement.

Both Rep. Chris Gildon and Rep. Kelly Chambers, who voted against the legislation in the House, have been collecting signatures.

Gildon said he was glad the pandemic did not hinder constituents’ desire to speak up against the sex-ed law. Pens were sanitized, volunteers wore masks and social distancing was practiced, Puyallup Council member Cyndy Jacobsen told The News Tribune.

Because of Covid-19 restrictions, the supporters of the bill could not petition outside grocery stores as they normally would, Gildon said. Jacobsen said there were “drive-by signing events,” where voters could drive up to the table and sign the form in parking lots.

Unlike most campaigns, there were no paid signature collectors.

“If that’s emblematic of the will of the people, there should be no question of which way we honor the will of the people,” Gildon said.

Gildon, who is running for the state Senate, said in his two years in the state House he has never received as many emails as he did on this legislation.

“I must have received at least 10,000 emails,” he said.

Gildon said he credits the strong support in part to the fact Washingtonians don’t feel their voices are being heard. Referencing the sex education law and I-976, a ballot initiative to reduce car-tab fees that passed by nearly 66 percent in Pierce County, he said the Democratic Party has become “tone deaf.”

Chambers said Referendum 90 will give voters a chance to “roll back government overreach” and reflects the efforts of concerned parents, families and communities across Washington state.

“Many individuals told me they had registered to vote specifically so that they could sign Referendum 90,” Chambers said in a statement. “Many more reached out to me to collect signature sheets to take back to their communities.”

Jacobsen, who is running for a state representative seat, said it was heartwarming to see the community fired up about signing the initiative, even with the pandemic.

She said she feels the approved curriculum was overreaching and was being pushed by a bureaucracy, taking away from the role of parents.

Jacobsen also pointed out that it is another unfunded mandate for school districts.

“If you are a smaller school district, you don’t have the money to develop a new curriculum,” she said.

Clover Park School District’s board asked Gov. Jay Inslee not to sign the bill and to establish a pilot program for statewide programs before implementing them.

“In a very real way, students are our constituents, and their voice is often not represented in social endeavors such as (Senate Bill) 5395,” the letter said.

The sex-ed legislation

Senate bill 5395 was passed March 7 at 2 a.m. with two of 40 proposed amendments adopted.

The law requires all schools beginning in the 2020-21 school year to provide comprehensive, age-appropriate, sexual health education, while also allowing students to be excused at their parents’ request.

It also states that any public school must ensure that the curriculum, instruction and materials include information about affirmative consent and bystander training.

The Office of the Superintendent of Public Instruction detailed instruction by grade. In grades K-3, instruction will be focused on social and emotional learning, like how to cope with feelings, set goals and get along with others.

“No sexuality content or curriculum is required for grades K-3,” the web page added.

Grades 4-12 will include information about respectful and effective communication to choose healthy behaviors and relationships, health care and prevention resources, understanding influences of family, friends, the community and the media on healthy, sexual relationships, and affirmative consent.

Descriptions on each grade’s curriculum are located here.

OSPI addressed social media posts surrounding the law in a Frequently Asked Questions section.

“Several social media posts inserted illustrations from a book intended for parents into a lesson plan for 4th graders,” the site said. “The book was one of several optional books on a handout for parents and guardians wishing to continue talking with their child about puberty and reproduction, and not part of the lesson or curriculum.”

An issue of public safety

Proponents of the bill have said investing in prevention means fewer cases of sexual assault.

Ben Santos and David Martin with the King County prosecuting attorney’s office wrote an op-ed published by the Seattle Times earlier this year, expressing their support for the legislation.

Martin chairs the office’s domestic violence unit, and Santos chairs the sexual assault unit.

“We think this is an incredibly important issue of public safety,” Martin said. “...There are many states that have adopted prevention education as a requirement, including places like Oklahoma and Missouri.”

The prosecutors say kids get messages about sex from the Internet, TV and movies, and that it’s better they get information from trained professionals.

“Sex education is already happening,” Santos said. “It’s called TikTok. It’s called Instagram. It’s Snapchat.”

The law does not mean grade school students will be learning to put on condoms, the prosecutors said, it means students will get age-appropriate, medically and scientifically tested curriculum — which parents would be able to opt their children out of if they wish.

Talking about consent doesn’t necessarily mean talking about sex, the prosecutors said.

“Unfortunately there’s this belief that we’re going to be teaching young children about intercourse and everything that goes with that,” Santos said about the opposition. “...When they heard sex and they heard education, and they hear it’s going to be mandated, it makes them uncomfortable. Because talking about sex with kids just sounds wrong to many people.”

Editor’s note: After this story was published, undated photos surfaced showing volunteers not wearing masks at what appears to be a signature-gathering event which took place before Gov. Jay Inslee mandated that people wear masks in most circumstances.

The News Tribune showed the photos to Jacobsen and asked her about them.

She said she couldn’t speak for every signature-gathering event but that she and the volunteers who worked with her did the best they could to take safety precautions, including practicing social distancing.

Jacobsen said she and other volunteers wore masks when they approached cars to ask for signatures.

“I didn’t want to freak people out about COVID-19, and we don’t know what their level of comfort is, so we wore masks,” she said. “And we wanted it to be about R-90, not about COVID, so the smart thing to do was to mask up.”

Jacobsen pointed to one of the photos that appears to show her with a mask pulled down but “ready to pull up when a car came.”

This story was originally published June 21, 2020 at 5:00 AM.

Josephine Peterson
The News Tribune
Josephine Peterson covers Pierce County government news for The News Tribune.
Alexis Krell
The News Tribune
Alexis Krell edits coverage of Washington state government, Olympia, Thurston County and suburban and rural Pierce County. She started working in the Olympia statehouse bureau as an intern in 2012. Then she covered crime and breaking news as the night reporter at The News Tribune. She started covering courts in 2016 and began editing in 2021.
Get unlimited digital access
#ReadLocal

Try 1 month for $1

CLAIM OFFER