Calif. School District Stands Firm on Discrimination Policy, Abides by State Law
by Jim Brown and Jody Brown
April 22, 2004
(AgapePress) - A California school district has ignored an order from the state to redefine the word "gender" in its nondiscrimination policy and to provide special protections for transsexuals.
The Westminster School District recently adopted a new policy from a law in the California Penal Code that prohibits discrimination against someone based on your "perception" of them. However, that policy is at odds with the California Department of Education's definition of discrimination, which allows individuals to claim discrimination if others do not treat them according to their perception of themselves.
The district, located about 35 miles southeast of Los Angeles, has been threatened with a loss of millions of dollars in funding unless it incorporates the DOE's definition. But school board trustee Judy Ahrens -- who was among three board members who voted against the language change, thereby leaving the new policy in place -- says so far, the state has not followed through on its threat to cut funding.
"They indicated that they would get back with us some time this week to give us an answer," she says. "I think they're still chewing on it up there in Sacramento, deciding how [not to] lose face, maybe ... because what they're facing is the law versus their interpretation of their gender definition as being murky."
Ahrens, who is quoted by Associated Press as saying the state's law is immoral and would promote homosexuality and transsexuality, contends the district is following state law -- so the ball is in the DOE's court. She says the state agency needs to have a strong argument if it wants the district to change its mind.
"They would have to have a strong argument that we have broken the law, and it's very clear that they have in front of them the Penal Code, according to the definition," she states. "So I keep thinking that the longer we don't hear from them, the more strongly I'm thinking that we've got such a great case, and the children win."
The ACLU of Southern California says the Westminster School District "wants carte blanche to discriminate against students who don't conform to gender norms" and "is willing to sacrifice the good of all students in order to pursue this discriminatory course." But the attorney for the district, Mark Bucher, says the district "has chosen to follow the law over an improper, vaguely written definition, while reaffirming that it is opposed to all forms of illegal discrimination."
Ahrens says contrary to what is being widely reported in the mainstream press, Westminster is not the only school district that is not complying with the DOE's nondiscrimination policy.
The Sarasota Herald-Tribune reports that State Superintendent Jack O'Connell has determined that Westminster's policy passes legal muster, but that he is concerned "that its refusal to adopt the recommended version of the policy indicates an unwillingness to accept the state's mandate."
Reports indicate that angry parents and teachers are leading a recall campaign against Ahrens and the two other board members who voted against the language change. Ahrens apparently is more concerned about the long-term ramifications. She told a pro-homosexual publication that while she might "take a lot of heat" for her stance, "the rewards are going to be great in heaven."
