To all: The note below was written to help someone in the
media understand the new pro-sexual deviant California school
legislation that Schwartzenegger just signed. You may find it
of some interest.
Dear XXXX, Ray Suggested that I send you some information on SB
777.
As you probably know, State Senator Sheila Kuehl (formerly
"Zelda" of The
Many Loves of Dobie Gillis) is the main sponsor of the bill
and has been pushing this bill for 3 years or so. You probably
also know that she is a radical lesbian.
In general, the general public has no real awareness of the
legislation because there has been a lack of reporting by the MSM.
Internet sources such as WND have published what seem to be
exaggerated accounts of the consequences of SB 777 (after all, who
would believe that our legislators and Governor would sign on to
what WND describes). I have seen homosexual activists and liberals
claiming that the "rightwing" furor is just much
ado about nothing: the words "mom" and "dad"
appear nowhere in the bill, and it is clear that the purpose of SB
777 is just to make California schools safe for "gay and
bisexual" children.
The problem is that once one thinks carefully about SB 777
soporific legislative prose, it is obvious that SB 777 is indeed
quite radical.
While SB 777 and related enactments really require
extensive analysis in order to understand their full
ramifications, there are a few sections that can give you a feel
for just how how far SB 777 goes.
Let's start
with two operative provisions, Section 220 and Section 51500. First,
Section 220 reads as follows:
220. No person shall be subjected to
discrimination on the basis
of disability, gender, nationality, race or ethnicity, religion,
sexual orientation, or any other characteristic that is contained
in
the definition of hate crimes set forth in Section 422.55 of the
Penal Code in any program or activity conducted by an educational
institution that receives, or benefits from, state financial
assistance or enrolls pupils who receive state student financial
aid.
Here is Section 51500:
51500. No teacher shall give
instruction nor shall a school
district sponsor any activity that promotes a discriminatory bias
because of a characteristic listed in Section
220.
While it is clear that these provisions both prohibit
discrimination based on a laundry list of factors, the definition
of "gender" is important for understanding the
significance of what Schwartzenegger signed.
210.7. "Gender" means sex,
and includes a person's gender
identity and gender related appearance and behavior whether or not
stereotypically associated with the person's assigned sex at
birth.
Despite beginning with the common understanding of
"gender", the definition actually enshrines in law the
most extreme post-modern view of "gender". Here are
three currently discussed models of sex and gender.
1. The idea that both sex and gender are
biological
givens - you are born either male or female, and your gender is
the same as your biological sex;
2. The idea that sex is a biological
given, but gender is socially constructed - so it is
natural to divide humans into male and female, but how your
gender role is played out depends on upbringing, culture and
social environment.
3. Both sex and gender are socially
constructed - the importance accorded to the category of sex
(and some of its physical aspects) are socially constructed, and
gender is a performance (Judith Butler and Queer Theory).
SB 777 treats "gender" as if it
is entirely socially constructed. Thus, if you have adopted a
gender identity as a woman the fact that your birth sex is male
cannot be used in any way to
"discriminate" against you. I could elaborate on this,
but I am
sure you can see that there are virtually endless scenarios
like this. Leaving aside the false message this legislation is
designed to indoctrinate children with, once the kids
figure SB 777 out, it is hard to see how the result
could be anything but chaos.
A second key definition is "sexual
orientation":
SEC. 9. Section 212.6 is added to
the Education Code, to read:
212.6. "Sexual orientation" means
heterosexuality, homosexuality,
or bisexuality.
When Sections 212.6 and 210.7 are understood in the context of
220 and 51500, it is absolutely clear that activists for all
kinds of "sexual minorities" will be able to
make all kinds of claims about discrimination and promotion of
discriminatory bias (bear in mind that
"gays" and "lesbians" are now just a subset of
the total class of perverts protected, mainly because of
Section 210.7).
I know you are aware of how the kind of
"anti-discrimination" language in Section 220 lends
itself to extravagant legal theories that courts are quite willing
to entertain (especially in California).
But the operative phrase in Section 51500 - "promotes
a discriminatory bias" - merits
scrutiny, too.
In an earlier version of SB 777 the phrase was "reflects
adversely". For some reason this was changed prior to
signing. In any event, Section 51500 takes SB 777 beyond banning
so-called "discrimination" and outlaws "any
activity" that
someone might construe as promoting a discriminatory bias, even if
it is not itself discriminatory. The possibilities here are endless
- Bible clubs, any activity, text, or teaching that portrays
traditional families in a positive light, etc. could easily be
argued to be either discriminatory because they "privilege
heteronormativity" or tend to foster a discriminatory bias
against any group included in the definitions of "sexual
orientation" or "gender".
But, as they say in the late night Ginsu Knife commercials,
there's more. The protected classes extend far beyond those just
discussed. The protected classes include people
"perceived" to have the listed characteristics or who
associate with someone who has, or is perceived to have, those
characteristics:
SEC. 10. Section 219 is added to the
Education Code, to read:
219. Disability, gender, nationality, race
or ethnicity,
religion, sexual orientation, or any other characteristic
contained
in the definition of hate crimes set forth in Section 422.55 of
the
Penal Code includes a perception that the person has any
of those
characteristics or that the person is associated with a person who
has, or is perceived to have, any of those characteristics.
The potential for litigation is absolutely
endless, and I am sure that the homosexuals and other
"sexual minorities" will use litigation and, especially,
the threat of litigation to get whatever they want.
Now, here are a few
more provisions that may be of some interest.
"Educational institution" is defined in Section 210.3 as
follows:
210.3. "Educational institution"
means a public or private
preschool, elementary, or secondary school or institution; the
governing board of a school district; or any combination of school
districts or counties recognized as the administrative agency for
public elementary or secondary schools. [emphasis added]
Section 235 explicitly includes alternative and charter schools
within the nondiscrimination requirements of the bill:
235. There shall be no discrimination
on the basis of the
characteristics listed in Section 220 in any aspect of the
operation
of alternative schools or charter schools.
Section 221 provides an exception for some
religious schools:
221. This article shall not apply to an educational
institution
that is controlled by a religious organization if the
application
would not be consistent with the religious tenets of that
organization.
Interestingly:
SEC. 8. Section 212.3 is added to the
Education Code, to read:
212.3. "Religion" includes all
aspects of religious belief,
observance, and practice and includes agnosticism and atheism.
Some harassing litigation is likely to result
regarding what is and is not consistent with the tenets of a
religious organization. There is, for example, always some
liberal group that claims that it has the true interpretation of
some creed or other. Thus, Section 221 opens the door to litigation
against various religious organizations regarding what their
"tenets" are. Even if such lawsuits would lose on the
merits, as long as they can be filed they can be used to intimidate
Christian and other organizations into complying with the demands of
the "sexual minorities". The potential for mischief here
is very significant.
I should also mention that "training" regarding
Section 220 is mandated now for teacher certification. For
example:
SEC. 24.5. Section 44253.3 of the
Education Code is amended to
read:
44253.3. (a) The commission shall issue a
certificate that
authorizes the holder to provide all of the following services to
limited-English-proficient pupils:...
(c)
Completion of coursework in human relations in accordance with
the commission's standards of program quality and effectiveness
that
includes, at a minimum, instruction in the following:
(1) The nature and content of culture.
(2) Crosscultural contact and interactions.
(3) Cultural diversity in the United States and
California.
(4) Providing instruction responsive to the diversity
of the pupil
population.
(5) Recognizing and responding to behavior
related to bias based
on the characteristics listed in Section 220.
SB 777 also expressly applies to postsecondary education:
66270. No person shall be subjected to
discrimination on the
basis of disability, gender, nationality,
race or ethnicity,
religion, sexual orientation, or any characteristic listed or
defined
in Section 11135 of the Government Code or any other
characteristic
that is contained in the prohibition of hate crimes set forth in
subdivision (a) of Section 422.6 of the Penal Code in any program
or
activity conducted by any postsecondary educational institution
that
receives, or benefits from, state financial assistance or enrolls
students who receive state student financial aid.
SEC. 45. Section 66270.5 of the Education Code is
amended and
renumbered to read:
Finally, Section 51004 makes clear that Section 220 is
intended to apply to job fairs. What this provision actually does
isn't clear, but I suspect employers may not like it.
SEC. 28. Section 51004 of the
Education Code is amended to read:
51004. The
Legislature hereby recognizes that it is the policy of
the people of the State
of California to provide an educational
opportunity to the end that every pupil leaving school shall have
the
opportunity to be prepared to enter the world of work; that every
pupil who graduates from any state-supported educational
institution
should have sufficient marketable skills for legitimate
remunerative
employment; that every qualified and eligible adult citizen shall
be
afforded an educational opportunity to become suitably employed in
some remunerative field of employment; and that these
opportunities
are a right to be enjoyed without regard to economic status or the
characteristics listed in Section 220.
The Legislature further recognizes that all
pupils need to be
provided with opportunities to explore and make career choices and
to
seek appropriate instruction and training to support those
choices.
The Legislature therefore finds that fairs as community resource
and
youth leadership activities are integral to assisting and guiding
pupils in making choices and therefore encourage the further
expansion of cooperative activities between schools, youth
leadership
activities, and community resources. Among community resources of
particular significance in providing information on various career
opportunities are vocational and occupational exhibits,
demonstrations and activities conducted at fairs.
Although this is just a cursory look at just
some of the provisions of SB 777, it should be plain that SB
777 represents a complete
victory for sexual deviants. Did WND exaggerate? Probably not, but without
education most people will not understand the
changes that SB 777 will engender through new regulations, new school
policies, and litigation over the next few years.
Bottom line - if this doesn't motivate
parents who have any way at all out of the California schools to
leave, they really don't care much for their children. The same
could be said for our churches who fail to assist the parents who
genuinely need help getting their children out.
The link below is to
the enrolled text of SB 777. God' s peace be with you, Bruce