It seems to me that more clarification is needed on the idea that gay marriages will be taught in school if Proposition 8 fails to pass. Now, before I continue, let me type that the views expressed herein are solely those of Bobby G. Roy and do not reflect the views of my employers, associations, or other entities that I am affiliated with, including friends and relatives.
A major argument of the proponents of Proposition 8 is that students will be taught about gay marriage if Proposition 8 fails. That argument is pretty definitive right?
Being that I work at the California Department of Education (CDE), I sort of know my way around the CDE Web site, with tens of thousands of Web pages of content. Proponents argue that one of the benefits is that Proposition 8:
"...protects our children from being taught in public schools that “same-sex marriage” is the same as traditional marriage."
Opponents argue that children are not required to teach about marriage in school, to which proponents argue:
"State law may require teachers to instruct children as young as kindergarteners about marriage. (Education Code § 51890.) If the gay marriage ruling is not overturned, TEACHERS COULD BE REQUIRED to teach young children there is no difference between gay marriage and traditional marriage."
Anyone can do a text search of the California Education Code (EC) on the California Law Web site at http://www.leginfo.ca.gov/calaw.html. Do a search for the word "marriage". Then look up Section 51890.
First of all, one should not take a look at a section of the law without looking above and below the section. Laws are written to complement and support one another. So, Section 51890 reads:
"For the purposes of this chapter, "comprehensive health education programs" are defined as all educational programs offered in kindergarten and grades 1 to 12, inclusive, in the public school system, including in-class and out-of-class activities designed to ensure that:
(1) Pupils will receive instruction to aid them in making decisions in matters of personal, family, and community health, to include the following subjects:
(D) Family health and child development, including the legal and financial aspects and responsibilities of marriage and parenthood."
I want to emphasize that Section 51890(1)(D) provides that comprehensive health education programs will include in-class and out-of-class activities designed to ensure that pupils receive instruction to aid them in making decisions in matters of family health, including legal and financial aspects and responsibilites of marriage.
In-class and out-of-class activities. That usually means classwork and homework, which we hope parents can look over and go over with their children. That is where the marriage and sexuality conversation should begin.
Proponents argue that teaching about gay marriages would happen as young as kindergarten. While Section 51890 does say all educational programs offered in kindergarten and grades 1 to 12, Section 51930 provides for age appropriate instruction, which:
"...refers to topics, messages, and teaching methods suitable to particular ages or age groups of children and
adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group."
Believe it or not, society has invested a lot of money in studying the social and personality development in humans. There is a whole major called human development that covers this stuff. There are widely accepted theories that suggest when concepts can be best taught to and understood by people.
All the while, this comprehensive health education program is not mandated. It does not have to be taught, and if it is, parents have a right to opt their child out of the instruction. In fact, when I was in grade five, I had a friend who did not receive the instruction because their parents did not want them to. In fact, their parents pulled them out of the public school we attended and enrolled them in a Catholic school. They even went so far as to recommend that my mom take me out of the school and send me to the same Catholic school. When my mom said that she could not afford the thousands of dollars that tuition would cost, they even offered to pay for it. My mom, a former teacher and child psychology major, declined their generous offer.
Originally, ads used a red herring argument and said that this is taught in all schools. Now, some acknowledge that there is an if statement in these laws. If comprehensive health education is taught, then it will include instruction on the financial aspects and responsibilities of marriage. However, one person wrote a letter to the editor, "which school district doesn't?" Well, I do not know which does or which does not. I do not think that the CDE has the data on that. It is a district choice. California's educational system relies on local control for the management of school districts on the theory that those closest to the problems and needs of each individual district are best able to make appropriate decisions on behalf of the district.
The letter to the editor that I referred to earlier was entitled, "Other Side's Hypocritical Argument." In it, the wrote that all of our fundamental rights are taught in schools. Specifically, they wrote, "If gay marriage is a fundamental right, then it should be taught in school. Can you think of another fundamental right that is not taught in school?" There are two points of this statement that bother me:
What is a fundamental right? I would argue it is one codified in the United States Bill of Rights, and other rights afforded to American citizens through the laws, statutes, and court rulings, not in some broad, subjective concept of fundamental rights. For example, some people say that higher education is a right. I argue that in America, it is not, even though I think it should be. I can expound further upon that some other time.
How to purchase and own a gun is not taught in school. The right to bear arms is right in the Second Amendment. Yes, we are taught what the Second Amendment is, but not how to go out and purchase a gun. I argue that even if a class is taught about committed relationships and marriages, they are not taught about how to participate in a gay or straight marriage.
I also recommend viewing the Comprehensive Sexual Health Education Web page at http://www.cde.ca.gov/ls/he/se/sexeducation.asp. It comments further that comprehensive health education is not required and how, if taught, instruction must be age-appropriate and bias-free.
I am obviously not impartial on this matter. So just to show that I am not all about propaganda, look at both the No on 8 (http://www.noonprop8.com/) and Yes on 8 (http://www.protectmarriage.com/) Web sites. However, it angers me that for every sign for one side I see, there are five for the other side. I just feel the need to exert the agency I have.
Read the sides, consider the different perspectives, check your biases, and then vote. I am counting on you.
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