No Or Both Gender Male Female Restroom Sign - Gender Neutral Restroom Bathroom SignFile this under “Pay attention to your enemy’s new talking points.”

Check this out from Focus On Teh Family/CitizenLink‘s California’s ‘Gender Identity’ Law Goes on Trial‘s opening paragraph:

A trial to determine the constitutionality of a California law that provides special status based on “gender identity” is set to begin April 14 in Sacramento.

You would think from the headline and first paragraph that this is a law that specifically and only deals with gender identity or expression, trans people, or crossdressed/transgender predators using the bathrooms/locker rooms. Oh no, it certainly isn’t. From the next paragraph of the article:

SB 777, which went into effect Jan. 1, 2008, prohibits teaching or any activity that “reflects adversely upon” or “promotes a discriminatory bias” because of sexual orientation or gender.

To cast this bill as a gender identity bill is to intentionally change the focus of the bill. Here’s what SB 777, per Equality California, was written to do. Student Civil Rights Act (SB 777) Fact SheetPay close attention to the Why Is This Bill Important? section :

PURPOSE OF THE PROPOSED LAW

Under existing law, Education Code Section 220, students are protected from discrimination in all publicly-funded educational institutions based on actual or perceived disability, gender, nationality, race or ethnicity, religion, sexual orientation or association with a person who has any of these characteristics. However, other nondiscrimination provisions in the Education Code, which govern programs and activities that are also covered by Section 220, vary in the types of protections they explicitly provide. Senate Bill 777 would correct such inconsistencies by referencing a single, comprehensive nondiscrimination standard throughout these various laws.

BACKGROUND

AB 537 (Kuehl), the Student Safety and Violence Prevention Act of 2000, created an expansive law banning discrimination in schools against individuals who are members of specified categories known as “protected classes.” This law applies to all publicly-funded educational programs and activities and includes a prohibition of discrimination based on sexual orientation, gender identity and association with another person who is protected under these categories.

Despite the broad protections created by AB 537, there are several additional nondiscrimination statutes in the Education Code that vary in the lists of protected classes they cover. For example, a provision relating to charter schools prohibits “racial, sex or ethnic discrimination.” Another statute prohibits the adoption of instructional materials that contain matter reflecting adversely on persons because of their “race, sex, color, creed, national origin, ancestry, sex, handicap or occupation.” Such inconsistencies lead to deficiencies in protection for students and confusion for teachers and school personnel who are responsible for implementing and complying with the law.

WHY IS THIS BILL IMPORTANT?

Students in California report significant harassment because of actual or perceived sexual orientation. Data from the California Healthy Kids Survey (CHKS, 2000-2001), the largest study of students in California schools, shows that every year over 200,000 students are harassed because they are gay or lesbian or someone thought they were. This harassment is linked to higher levels of academic, health and safety risk.

This law went into effect on January 1, 2008. This is what Focus On Teh Family is telling their flock is the negative effect of the law:

The effects of the legislation are playing out in schools across the state. In one Northern California school, a boy was forced to change clothes in a boys’ locker room where a girl was dressing.

“Of course, that would have a significant impact on kids, particularly kids going through puberty,” said Robert Tyler, founder of Advocates for Faith and Freedom. “It’s a perfect example of how ridiculous this law is.”

So, take note of this: Focus On The Family is using gender identity as their new anti-lesbian, gay, bisexual, and transgender civil rights and protections talking point. I believe this is a trend for future culture war battles — the battles will be cast in terms of gender identity, transgender, and of course the crossdressed/transgender bathroom meme. Focus On Teh Family used the terminology of gender identity this time to argue against a bill that is a LGBT civil rights bill…

…Much as the crossdressed/transgender bathroom meme was unsuccessfully used in Gainesville a few weeks ago in an attempt to erase the rights of the entire lesbian, gay, bisexual, and transgender (LGBT) community.

In the wrong kind of way, trans is the new gay in the culture war‘s battle against basic civil rights and protections for the whole of LGBT people.