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Tom McClintock: The Perils of Perfection... (SB 777 - Fight back!)
Citizens for the California Republic ^ | 10-15-2007 | Tom McClintock

Posted on 10/16/2007 2:00:49 PM PDT by calcowgirl

There’s a great commotion among family and religious groups over the governor’s signing of SB 777 by Senator Sheila Kuehl. It is titled the “California Student Civil Rights Act” and purports to guard children from instruction or activities that “promote a discriminatory bias” on the basis of a long list of criteria including religion, gender, sexual orientation, nationality or ethnicity.

The left is praising it as a major breakthrough for civil rights and the right is condemning it as actively promoting homosexuality. But putting aside arguments over “gay rights” or “the gay agenda,” the law itself introduces a problematic doctrine into the administration of California’s public and private schools.

It is already illegal for the schools to do anything that “reflects adversely” on people based on this long and growing list of criteria. That’s tenuous enough in a free society. Under the current law, a history teacher, for example, is already on very thin ice if he says, “Europeans brought new diseases to North America” or “some American Indian tribes practiced cannibalism” or “many Germans knew about the Holocaust and raised no protest.” These are factual statements, but I’d be very careful about making them when it’s a crime to say anything that might reflect adversely on any group’s nationality or ethnicity.

But this bill goes even farther. Instead of doing things that “adversely reflect” on certain groups, SB 777 makes it illegal for schools to “promote a discriminatory bias” toward those groups. That’s a big difference.

If a high school elects a prom king and queen, this obviously doesn’t “reflect adversely” on homosexual students. But does it “promote a discriminatory bias” to celebrate a heterosexual stereotype at a school dance without also celebrating a gay couple, a lesbian couple and a transgender couple as well? It’s entirely conceivable that a court will say that exclusion is certainly discriminatory.

If a transgender boy feels uncomfortable in the boys’ locker room, this doesn’t “reflect adversely” on his sexual orientation or identity. But does it constitute a discriminatory bias to say that he can’t use the girl’s locker room? It’s certainly possible that a court will say it does.

Celebrating Cinco de Mayo or St. Patrick’s Day doesn’t “reflect adversely” on those who are not of Mexican or Irish descent. But is it discriminatory bias to celebrate these days, but not also St. Andrews Day, Bastille Day and Swedish National Day?

These decisions once were made through common sense and community consensus. Now they will be made through minute regulation and endless litigation. As imperfect as the old system may have been, I suspect that we’re going to find it was vastly superior to this brave new world of perfect harmony enforced by the power of the state.

Here’s a suggestion for the groups that opposed this new law: use it. After all, if courts begin ruling that exclusion is indeed a form of discriminatory bias – which is clearly the intent of this bill – there are no groups more excluded or less tolerated in the public schools today than evangelical Christians, orthodox Jews and traditional Catholics.


TOPICS: Government; US: California
KEYWORDS: caglbt; callegislation; conservatism; homosexualagenda; mcclintock; sb777
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To: calcowgirl; SunkenCiv
RE: “Here’s a suggestion for the groups that opposed this new law: use it. After all, if courts begin ruling that exclusion is indeed a form of discriminatory bias – which is clearly the intent of this bill – there are no groups more excluded or less tolerated in the public schools today than evangelical Christians, orthodox Jews and traditional Catholics.” - Tom McClintock

Thanks!

21 posted on 10/16/2007 3:25:11 PM PDT by Seadog Bytes (OPM - The Liberal 'solution' to every societal problem. (Other People's Money))
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To: calcowgirl

>>There’s a great commotion among family and religious groups over the governor’s signing of SB 777 by Senator Sheila Kuehl. It is titled the “California Student Civil Rights Act” and purports to guard children from instruction or activities that “promote a discriminatory bias” on the basis of a long list of criteria including religion, gender, sexual orientation, nationality or ethnicity.<<

If we are gonna keep discussing this bill we have got to get better sources.

Like the article that said it banned the words mom and dad - but that isn’;t in the bill..

Now, I did a search and the word bias isn’t in the bill either.

http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_0751-0800/sb_777_bill_20070223_introduced.pdf


22 posted on 10/16/2007 3:28:03 PM PDT by gondramB (Preach the Gospel at all times, and when necessary, use words.)
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To: DoughtyOne
This nation is so screwed up. If it were a human I’d call it senile.

Too many lawyers - not enough work. ;)

23 posted on 10/16/2007 3:28:50 PM PDT by Mr. Jeeves ("Wise men don't need to debate; men who need to debate are not wise." -- Tao Te Ching)
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To: Mr. Jeeves

You’ve got that right.


24 posted on 10/16/2007 3:29:29 PM PDT by DoughtyOne (Hillary has pay fever. There she goes now... "Ha Hsu, ha hsu, haaaa hsu, ha hsu...")
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To: gondramB
Now, I did a search and the word bias isn’t in the bill either.

Look again, in the chaptered bill, not the introduced one. Here's just one instance:

"SEC. 29. Section 51500 of the Education Code is amended to read: 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."

25 posted on 10/16/2007 4:16:22 PM PDT by LexBaird (Behold, thou hast drinken of the Aide of Kool, and are lost unto Men.)
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To: gondramB

The word “bias” is used four times in the new law, as chaptered.

http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_0751-0800/sb_777_bill_20071012_chaptered.html


26 posted on 10/16/2007 4:20:50 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: LexBaird

You beat me to it! LOL.


27 posted on 10/16/2007 4:23:53 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: LexBaird; calcowgirl

Thank you both. I’m reading the new version.


28 posted on 10/16/2007 4:30:22 PM PDT by gondramB (Preach the Gospel at all times, and when necessary, use words.)
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To: Seadog Bytes

Heh... yeah.


29 posted on 10/16/2007 4:57:32 PM PDT by SunkenCiv (Profile updated Tuesday, October 16, 2007. https://secure.freerepublic.com/donate/)
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To: Seadog Bytes; AdmSmith; Berosus; Convert from ECUSA; dervish; Ernest_at_the_Beach; Fred Nerks; ...
If a high school elects a prom king and queen, this obviously doesn’t "reflect adversely" on homosexual students. But does it "promote a discriminatory bias" to celebrate a heterosexual stereotype at a school dance without also celebrating a gay couple, a lesbian couple and a transgender couple as well? It's entirely conceivable that a court will say that exclusion is certainly discriminatory.
Particularly in CaliPornia. Thanks SB.
30 posted on 10/16/2007 4:59:34 PM PDT by SunkenCiv (Profile updated Tuesday, October 16, 2007. https://secure.freerepublic.com/donate/)
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To: calcowgirl

Just include “political ideology” as a “protected” category, and then have fun. Nobody is more discriminated against in public schools (at all levels) than conservatives. Give the schools a real dose of this, I think Tom McClintock is spot on. It’s their own medicine. See how they like it.


31 posted on 10/16/2007 5:03:15 PM PDT by bajabaja
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To: calcowgirl

And gun owners.


32 posted on 10/16/2007 5:11:21 PM PDT by abigailsmybaby (I was born with nothing. So far I have most of it left.)
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To: abigailsmybaby

All that needs to be done is amend the law to include ALL SCHOOLS public and private, or make it a Felony for all Public Servants to enroll their children in anything but the Public Schools, After all They Support our schools dont they?? Maybe we should pass a referendum mandating that ALL PUBLIC EMPLOYEES USE PUBLIC TRANSPORTATION to and From work, and free up all that parking space for Private Citizens who need to be there.


33 posted on 10/16/2007 6:09:41 PM PDT by eyeamok
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To: eyeamok
or make it a Felony for parents to enroll their children in anything but the Public Schools

I'm waiting for this to happen. They hate homeschoolers.

34 posted on 10/16/2007 6:25:06 PM PDT by abigailsmybaby (I was born with nothing. So far I have most of it left.)
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To: SunkenCiv

Don’t forget the buck-toothed couples, and incestuous couples, and pimply couples and little people and hairy people and the zombies.


35 posted on 10/16/2007 8:57:03 PM PDT by ValerieTexas
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To: ValerieTexas

And of course, couples where one of them is a farm animal. See, now, I wouldn’t care to have a long-term intimate relationship with a farm animal, because I think they’d be pretty messy around the house.


36 posted on 10/16/2007 9:30:11 PM PDT by SunkenCiv (Profile updated Tuesday, October 16, 2007. https://secure.freerepublic.com/donate/)
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To: calcowgirl; AFA-Michigan; Abathar; Agitate; AliVeritas; Antoninus; Aquinasfan; BabaOreally; ...
Homosexual Agenda Ping

McClintock on California's SB 777.

Add keywords homosexual agenda to flag FR articles to this ping list.

37 posted on 10/16/2007 9:37:49 PM PDT by scripter ("You don't have a soul. You are a soul. You have a body." - C.S. Lewis)
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To: SunkenCiv

I can be pretty messy, too, but you wouldn’t let that stop you, would you?


38 posted on 10/16/2007 10:22:41 PM PDT by ValerieTexas
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To: ValerieTexas

I’d cut ya some slack. Uh-oh, I’m bewitched by that Celtic vibe.


39 posted on 10/16/2007 10:34:31 PM PDT by SunkenCiv (Profile updated Tuesday, October 16, 2007. https://secure.freerepublic.com/donate/)
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To: SunkenCiv

There’s that slippery slope again — ain’t it fun?!


40 posted on 10/16/2007 10:36:57 PM PDT by ValerieTexas
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