Anti-gay group fails at referendum |
NEWS |
by Seth Hemmelgarn
 |
An anti-gay group that failed to put a referendum on the California ballot to overturn a new state law protecting students has announced that it's seeking to put an initiative that would alter the law before voters instead.
The new law, known as the Student Civil Rights Act, went into effect this month. It reinforces existing prohibitions of discrimination in publicly funded schools and activities.
After Governor Arnold Schwarzenegger signed Senate Bill 777 into law last October, Sacramento-based Capitol Resource Family Impact tried to collect more than 430,000 valid signatures by January 11. The group wanted to put a referendum to repeal the law on the June ballot. The law was authored by out lesbian state Senator Sheila Kuehl (D-Santa Monica).
But Capitol Resource Family Impact fell short of its goal, reportedly getting only 350,000 signatures. The law prohibits public school teachers from giving instruction or school districts from sponsoring activities that reflect adversely on people because of their disability, gender, nationality, race or ethnicity, religion or sexual orientation. California law has prohibited discrimination in public education on these bases – including sexual orientation and gender – for years. SB777 did not change the categories of discrimination prohibited by law, it merely updates the Education Code.
The state's Education Code was amended to read, in part, "No person shall be subjected to discrimination on the basis of disability, gender, nationality, race or ethnicity, religion, [or] sexual orientation."
A referendum – the move recently attempted – allows voters to repeal a law. An initiative – for which a campaign was just launched – allows voters to alter the text of existing law.
A spokeswoman in Kuehl's office who, as office policy dictates, asked that her name not to be used, said an initiative could actually be more dangerous than a referendum. An initiative could lead to the stripping away of older laws. This could remove protections LGBT students have had for several years.
However, Geoff Kors, executive director of Equality California, which sponsored SB777, said he doubts the law's opponents have the support they say they have.
"From every indication we can tell, they failed to gather anywhere near the number [of signatures] they're claiming" for the referendum, Kors said.
Karen England, Capitol Resource Family Impact's executive director, did not return a call seeking comment.
Kors said Equality California will be watching closely to see how much money the initiative's supporters raise. If it does gather enough support, it's unknown when an initiative will come before voters. Kors said it would be a stretch for the initiative even to make it onto the November ballot.
In other news, the governor, the attorney general, and the state schools superintendent filed a motion to dismiss a federal lawsuit against SB777 January 11. A hearing will be held in San Diego February 15, according to Abraham Arredondo, a spokesman in the attorney general's office. The lawsuit was filed in November in federal court in San Diego by the anti-gay Advocates for Faith and Freedom and the Alliance Defense Fund.
