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SACRAMENTO, Calif. Advocates for Faith and Freedom expects to file a lawsuit shortly over SB 777, a new law signed by Gov. Arnold Schwarzenegger Oct. 12, which will prohibit any public school curriculum that would adversely portray the homosexual lifestyle.
“We definitely need to bring a challenge to this legislation,” said Robert Tyler, founder of the nonprofit religious liberty organization, adding that they are seeking possible plaintiffs who will be impacted by the law.
The law, called California Student Civil Rights Act, bans “promoting a discriminatory bias” against homosexuals, transsexuals, bisexuals and transgenders and redefines gender into the state education code.
“What that means, who knows? A lot of school districts will give the broadest interpretation,” the Murrieta-based Tyler said. “That’s the real culprit here, the new definition of gender. You are who you think you are, physiologically or biologically.”
Tyler said the ambiguity places teachers and administrators in the difficult situation of trying to determine what applies under the law. Can a boy who perceives himself as a girl play on the girl’s volleyball team? Can the same boy use the girl’s locker room? Is there a need for separate bathrooms? What about homecoming kings or queens? Can social living teachers use words husband and wife or mom and dad?
Tyler said if a staff member guesses incorrectly, “you are guilty of a misdemeanor under California law.”
“How is anybody to know how to make a distinction between male and female,” the attorney said.
Truth in schools
Also unknown is how the law may affect Day of Truth, a counter protest to the pro-gray Day of Silence, which promotes the gay lifestyle. Day of Truth was launched several years ago by students who wanted an opportunity to counter the claims of gay and lesbian students by sharing their own religious beliefs on the issue.
“The law says that neither teachers for nor the school district shall participate in any action that promotes bias,” Tyler said, adding that all student activities require a teacher adviser.
In addition to the legal challenge, the Capitol Resource Institute has launched a referendum drive to try to get the measure on the June ballot.
“If I’m a teacher instructing kids about families and I only cover heterosexual (lifestyles), am I promoting a bias toward heterosexuality,” Karen England, director of the institute, told the Sacramento Bee. “The answer would be yes.
“It’s going to silence Christian teachers in the classroom. It’s going to force them to violate their conscience or lose their job.”
Supporters of the new law have said Christians are overreacting and that the law is designed to make schools safe for gay and lesbian students. Geoff Kors, executive director of the gay rights group Equality California, called the referendum drive a “misguided attack” by “right-wing extremists.”
“They are using fear-based tactics and deceptive propaganda to repeal legislation that has already received the approval of the Legislature and Gov. Schwarzenegger,’ Kors said in a statement.
Other bills OK’d
SB 777 was one of four pro-homosexual measures Schwarzenegger signed Oct. 12. At the same time, he did veto AB 43, a bill that would have allowed same-sex marriage in the state. The governor has said he will not sign such legislation until the status of Proposition 22, the 2000 initiative that defines marriages as between one man and one woman, is settled in court.
Other bills he signed include AB 14, the Sexual Orientation in Business and Education Code, which adds "sexual orientation" to the list of nondiscrimination criteria in many areas of business and association codes, including athletic clubs and all colleges and universities. Concerned Women for America said the law is especially egregious because it could have “serious consequences for Christian colleges and universities, which would be required to add ‘sexual orientation’ to their antidiscrimination policies unless they are specifically part of a ‘religious organization.’"
AB 14 prohibits the state from entering into contracts with groups that do not accept its sexual orientation codes, meaning nonprofit organizations, such as churches or religious groups could be banned from doing business with or renting facilities from the state.
Ron Prentice, president of the California Family Council said applied to the letter of the law, evangelical churches that believe homosexuality is a sin could be barred from renting any state owned facilities, including parks.
“It also specifically says that you can go after the leadership of nonprofit organizations that have membership that disallows homosexuals, that will not provide services to homosexuals because of what we stand for,” he said. “It’s rampant and it’s going to be throughout law.”
Changing names authorized
Also getting the governor’s OK was AB 102, which allows domestic partners to easily change their surnames to match their partners and AB 394 that, according to Concerned Women for America, requires schools districts to establish antidiscrimination and anti-harassment policies based on "actual or perceived" gender or sexual orientation and requires monitoring of compliance.
Of the four bills signed by the governor, SB 777 is expected to have the most widespread effect on public schools. It applies to public school students and staff and will be implemented in January. It impacts children as young as kindergarten.
“If they feel discriminated against, they have very right to speak up, they have every right to file suit,” Prentice said. “The school must back down from any curriculum, any instructional materials, anything said from the teacher’s mouth or any activity that takes place on campus that reflects adversely against alternative lifestyles, homosexuality, bisexuality, transgenderism, the governor signed that into law.”
According to the wording of the law, any research or scientific case studies about the negative impacts homosexuality has on the health and welfare of society could not be discussed. Even discussions of marriage could eliminate such words as husband and wife.
Randy Thomasson, president of the Campaign for Children and Families said in a news release that the governor and Democratic-led legislature have ensured “that every California school becomes a homosexual-bisexual-transsexual indoctrination center.”
Chuck LiMandri, director of the West Coast Regional Office of the Thomas More Center, also attended the pastor’s meeting and warned that if California residents don’t stop the steady pursuit of homosexual rights, including gay marriage, “it will have a domino effect all across the country. As you know we are the biggest, the most populous and the most prosperous state. We tend to lead the nation.”
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