OVO

California State Senate Bill SB777 has been signed into law by Governor Arnold Schwarzenegger. SB777 revises “the list of prohibited bases of discrimination and the kinds of prohibited instruction, activities, and instructional materials and instead, would refer to disability, gender, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic contained in the definition of hate crimes that is contained in the Penal Code. The bill would define disability, gender, nationality, race or ethnicity, religion, and sexual orientation for this purpose.” SB777 applies to “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). SB777 states: “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.”

SB777 fails to define what it means by discrimination, nor does it refer to another law which might define what it means by discrimination. It is difficult to avoid breaking a law that is not defined. Such a law can be used as a weapon by anyone who cares to pick it up. Section 422.55 of the Penal Code defines certain criminal acts as more criminaly-er if they are ‘hate crimes.’ But it, too, does not define discrimination. SB777 does define religion, by which it means “all aspects of religious belief, observance, and practice and includes agnosticism and atheism” (emphasis added). Atheism is not an aspect of religious belief, and so this bill is factually flawed. Thanks for thinking of us, but no thanks. I’m not sure what role the State of California has in determining the practices of private schools. It is contradictory that Governor Schwarzenegger would offer the protection of the law to homosexuals in their education but not in marriage. SB777 is well-meaning but confused and I am not sure that it will offer the protection of law to anyone who needs it. But not everyone will be subject to this confusing law. “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.”

SB777 protects religious belief against discrimination. It also protects discrimination in religious belief. Only religion can distort the rule of law to this degree. Only religion can weaken normal thought and compassion in this way. Any time religion is enfranchised into law it is an error.