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H.R. 4530: "Student Non-Discrimination Act of 2010"

"Mission America's" Opposition (Cont'd).

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In this website, "LGBT" is an an acronym that refers
to Lesbian, Gay, Bisexual, and transgender persons.

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Detailed analysis of the reasons for Mission America's opposition (Cont'd):

Mission America's talking points: 1

  • "Federal civil rights statutes have correctly declined to cover the advocacy-devised terms of 'sexual orientation' and 'gender identity,' since these are changeable and morally-debatable behaviors. Americans should continue to prevent activists from installing these false classifications.

    • Mission America may not be aware of the hate-crimes bill passed in 2009, which protects every American from physical attacks that are motivated by the victim's sexual orientation and/or gender identity.

    • The vast majority of human sexuality researchers and therapists believe that heterosexuality, bisexuality and homosexuality are orientations, not behaviors. People can neither choose them nor change them; each person can only disover them.

  • " 'Verbal' incidents are considered 'harassment' under this bill. What happens to the rights of students, teachers, parents and school staff to be able to disagree with homosexuality and cross-dressing?"

    • Freedom of speech is protected by the First Amendment of the U.S. Constitution. People will still be free to express alternate opinions about race, gender, sexual orientation, and gender identity.

    • This bill covers attacking students at the level of bullying or other forms of harassment.

  • "What happens to children who experiment with these high-risk lifestyles when no one was able to warn them?"

    • Comprehensive sex education would teach students of all sexual orientations how to lower or eliminate health risks. It would also inform transgender students of the nature of transsexuality.

    • Unfortunately, many schools only offer abstinence-only education, and do not inform students about the nature of sexual orientation and gender identity.

  • "The proposed 'safe environment' in schools 'free from discrimination' over 'sexual orientation' or 'gender identity,' is an attempt to establish objection-free speech codes regarding immoral and child-unfriendly lifestyles and behaviors. Free speech, religious beliefs, and even valid health education are all gravely threatened by this bill."

    • As noted above, the First Amendment guarantees freedom of speech. This bill covers only bullying and other forms of harassment which are not protected forms of speech.

    • The main threat to valid health education is abstinence-only sex education that keeps children ignorant of methods of protecting their health.

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  • "Prohibiting discrimination based on 'perceived sexual orientation' or 'perceived gender identity' is also a feature of this bill. This can only be described as a massive intrusion on freedom of conscience, speech and religion. In practice, it would be the 'thought police' on steroids."

    • There is no real difference to a student who is being bullied or suffering other harrassment because he is gay, or because he/she is perceived as gay, or because he/she is in the company of a person who is gay, or because he/she is in the company of a person who is perceived as gay. This bill covers all bullying and other forms of harassment. The bill would not create harassment; it only protects students from other people's harassment.

  • "The definition of 'student' under this bill seems to encompass even part-time students, which may cover many home-schoolers."

    • It would only cover home-schooled students if they were harassing other students in a public school setting. As far as the victim of harassment, it doesn't really matter whether the bullying or other form of harassment is coming from a full-time or part-time student.

  • The proposed law prevents “retaliation” against those who make reports based on this law. The only exception seems to be if information reported was known to be false. So —- teachers can fearlessly become watchdogs who report student disagreement with the approved views. And are peers going to be empowered to monitor language, speech, discussions that might be critical of homosexuality?

    • As the official Congressional summary states, the bill "prohibits retaliation against anyone for opposing conduct they reasonably believe to be unlawful under this Act." That is, if a person reports bullying or other harassment, they would be protected against retaliation.

    • Disagreement with providing equal rights to persons of all sexual orientations and gender identities does not constitute harassment.

  • "In summary, this is an attempt to promote sexual deviance and its expression and silence those who want to protect children from such corruption."

    • Essentially all human sexuality researchers and therapists agree that sexual orientation and gender identity cannot be promoted; it is not chosen; it can only be discovered by the individual.

    • The bill would prevent bullying and other forms of harassment. However, it would not prevent freedom of speech.

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Reference used:

The following information source was used to prepare and update the above essay. The hyperlink is not necessarily still active today.

  1. "H.R. 4530" Assault on genuine child safety and morality, Mission America, at:

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Copyright 2010 by Ontario Consultants on Religious Tolerance
Originally written: 2010-FEB-11
Latest update: 2010-FEB-15
Author: B.A. Robinson

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