Governor vetoes textbook LGBT protection Senate Bill as needless

From the Office of Governor Arnold Schwarzenegger

September 6, 2006

Governor Arnold Schwarzenegger today vetoed SB 1437 by Senator Sheila Kuehl, D-Santa Monica, which would not enhance protections offered under current law against discrimination based on sexual orientation.

Full text of the veto message:

To the Members of the California State Senate:

No teacher or textbook in our schools should ever intentionally demean or disparage any group in our society, including discrimination based on sexual orientation.

I am vetoing Senate Bill 1437 because this bill attempts to offer vague protection when current law already provides clear protection against discrimination in our schools based on sexual orientation.

Education Code section 200 referring to Penal Code section 422.55 governing "hate crimes", provides that "It is the policy of the State of California to afford all persons in the public schools, equal rights and opportunities in our state educational institutions, regardless of their sex, ethnic group, race, national origin, religion, disability and sexual orientation.

Education Code section 220 expands the protection of section 200, prohibiting such discrimination in "any program or activity" conducted by an educational institution. In addition, Education Code section 60045, subdivision (a), provides that all instructional materials shall be "accurate, objective, and current and suited to the needs and comprehension of pupils at their respective grade levels."

This protection specifically covers school programs, activities, instruction and instructional materials. I and this administration are firmly committed to the vigorous enforcement of these protections.

SB 1437 deals exclusively with Education Code sections 51500, 51501, and 60044 prohibiting instruction, materials and activities that "reflect adversely" on persons. Not only is this term extremely vague, and potentially confusing, but I am not aware of any published case brought under these code sections in which individuals within the protected classes have successfully protected their rights under these statutes. But courts have confirmed that individuals in the protected classes can state a legal claim for violation of education Code section 200 and 220.

Therefore, since the Education Code already specifically protects against discrimination to groups based on their sexual orientation and includes programs, instructions and instructional materials. I am vetoing this bill because the vagueness of the term "reflects adversely" would not strengthen this important area of legal protection from bias based on sexual orientation.

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