The Truth about Education

I wrote to my favorite constitutional law scholar (whose emphasis is Con Law & religion) and I asked him if he could clarify some topics I've had a difficult time discussing in a coherent way.

On Education, he said this:

As the attached press release [pasted below] indicates, this is simply false. Legalizing same-sex marriages says nothing about what is taught in public school and California law requires notice and opt-outs to protect parents when sensitive material is taught in the classroom.

Moreover, this argument makes no sense. There are legitimate issues that deserve to be discussed about what is taught in public schools – but no one has ever suggested before that this issue should control how we define fundamental rights in our society. There is an issue about teaching students about contraceptives and birth control. The way to deal with that is develop rules for teaching sexually sensitive materials – as California has done. It would be absurd to suggest that we should ban the sale and distribution of contraceptives to adults to avoid having this issue discussed in public school.

Or consider religious beliefs and practices. Again there is a legitimate issue about how we should teach about the various religions practiced in our state in public schools. But no one thinks that the way to avoid having teachers inappropriately discuss different religions or to avoid having them suggest that particular faiths are valid or legitimate is to deny those religious communities the right to practice their faith.

Finally, whatever happens with regard to same-sex marriage, public schools will still have to wrestle with how they talk about same-sex families and civil unions. Prohibiting same-sex couples from marrying with no resolve the issue.

The Press Release:

EDUCATION LEADERS SAY YES ON PROP 8 ADS ARE SHAMEFUL Top State Educators Join Chorus Denouncing Ads Using Kids for Political

SACRAMENTO -- State Superintendent of Public Instruction Jack O'Connell, current President of the State Board of Education Ted Mitchell and former State Superintendent of Public Instruction Delaine Eastin today joined the growing number of educators to speak out against the deceptive ads of the Yes on Prop 8 campaign.

The three prominent education leaders said the third and newest ad from the Yes campaign is clearly false.

"The Yes on 8 ads are alarming and irresponsible," O'Connell said. "Our public schools are not required to teach about marriage. And, in fact, curriculum involving health issues is chosen by local school governing boards. No matter how you feel about marriage, we can all agree discrimination is wrong. That's why I'm voting no on 8."

"That ad is wrong. Not one person with any credibility has said otherwise," Eastin said. "Prop. 8 is about one thing, pure and simple, and that's taking away civil rights. Prop 8 isn't about reading school books or teaching, it's about treating people differently -- that is the one and only thing on the ballot.

"Prop 8 has nothing to do with education, and the proponents know it,"

Eastin continued. "Not one word in Prop 8 mentions education and no child can be forced, against the will of their parents, to attend any health-related class. California law prohibits it."

President of the California State School Board, Ted Mitchell, said: "Let me be clear, there is nothing in California state law that would require the teaching of marriage and that will not change. These ads are ridiculous and they are an insult to California's voters."

Karen Getman, of Remcho, Johansen and Purcell, lawyer for the NO on Prop 8 campaign and author of the legal brief that resulted in a Sacramento Superior Court Judge ruling that the Yes on 8 campaign's claims are "misleading and false," said: "Nothing in California law requires children to be taught about marriage in public schools. The current ad has the same 'false and misleading' statement about education that the judge rejected this summer."

"There's one thing educators agree on: nothing in Prop 8 has anything to do with schools or children," said Reed Hastings, former president of the California State Board of Education. "Prop 8 is about eliminating rights for our friends, families and colleagues, and that's why I urge all Californians to vote no on Prop 8."