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Fighting back:

MassResistance files strong pro-family bills in Mass. Legislature to protect parents and citizens

Bipartisan support among state legislators

POSTED: Feb 5, 2013

As the new 2013-2014 legislative session begins, MassResistance is fighting back! We have filed and are supporting several badly needed bills. Most of them are meant to restore rights to parents and citizens, and to stop the increasingly militant homosexual and transgender movement which is targeting vulnerable children in the public schools (while parents helplessly watch from the sidelines).

See below for descriptions and text of bills:

Several of these bills have attracted broad support, with sponsors and co-sponsors from both Republicans and Democrats, and from both from the House and Senate. This shows that even in Massachusetts, legislators in both parties recognize the common-sense rights of parents and citizens.

Those of you in other states (or other countries) who are reading this will find that some of these bills (especially #1 and #2) are applicable and needed where you live. We encourage you to use them as models.

As you can imagine, most of this didn't happen without a lot of hard work. A big THANK YOU to parents and citizens across the Commonwealth who lobbied hard to get sponsors and co-sponsors in the Legislature for these important bills, as well as several key legislators who helped us inside the State House.

Here are the seven bills that were filed this past month:

(Except where noted, all of these bills were written by MassResistance and filed on our behalf. Also note that the bills only have "docket numbers" now ("HD"). They will be assigned official bill numbers by the Legislature in the coming weeks.)

1. Effective Parents' Rights Opt-In Bill

Official title: An Act Regarding Parental Notification and Consent.
Bill #: H333  Committee: Education

Sponsor:
Rep. Matthew Beaton (R-Shrewsbury) Co-sponsors: Reps. Peter Durant (R-Spencer), James Miceli (D-Wilmington), Thomas Calter (D-Kingston), Keiko Orrall (R-Lakeville), Randy Hunt (R-East Sandwich), Ryan Fattman (R-Sutton)

What it does: This bill amends the current parental notification law, Ch. 71 Sec. 32A, written by Parents' Rights Coalition (now MassResistance), expanding upon it and modernizing it to address current conditions. This includes: (1) expanding the range of subjects covered from merely "human sexuality issues" which is poorly defined, to include specific issues actually introduced to children in Massachusetts schools; (2) granting parents the "opt-in" option (similar to other curricula in the schools) instead of "opt-out", which has proven unworkable; (3) allowing a religious exemption to school staff; and (4) removing the Department of Education as the arbiter of disputes.

The bill will effectively help parents deal with the LBGT agenda in the schools by giving parents the right to decide what their children are introduced to regarding sexuality, homosexuality, transgenderism, and similar issues which are now being presented to children in schools across the state. The current notification law does not work and makes it difficult, intimidating, and embarrassing for parents and children in the areas where it does apply. This bill is very specific rather than vague to avoid creating loopholes, which has happened with the current law. More importantly, it changes the current "opt-out" to "opt-in" -- like every other elective in the schools. (Currently, "sexuality" is the only opt-out subject in school curricula.)

Why it's needed: The current law, passed in 1996, has loopholes, unworkable sections, and limitations that have rendered it ineffective. The vagueness of the current law has been cited in court cases as giving schools the leeway to expose a broad range of often graphic sexual, homosexual, and transgender subjects to kids -- even in elementary school -- without parents' knowledge or consent. In recent years this has expanded from "curriculum," into counseling sessions, assemblies, special events, unplanned "teachable moments," and student "gay" clubs -- which the current law does not cover

This situation has become extremely frustrating to parents. For example, in 2006 David Parker, father of a kindergartner, brought a federal civil rights case against the Town of Lexington regarding presenting of homosexual and transgender issues to their 6-year-old son without their knowledge or consent. After nearly three years, the federal judge ruled against them because of the limitations of the current law. Schools have used that ruling to accelerate the homosexual and transgender programs in K-12, free to ignore parents' wishes and religious beliefs.

The "opt-out" mechanism in the current law is easily subverted by school officials in various ways: The schools publish the notifications in unusual places; they make the process onerous and inconvenient for parents; they make it embarrassing and humiliating for children to be taken out of the classes. "Opt-in" is the only fair approach.

Also in the current law, the Department of Education is the arbiter of disputes; that has proven to be a complete disaster because the bureaucrats in the (pro-LGBT) DOE invariably side with the schools over parents. Thus, parents across the state have demanded more rights and protections.

To our knowledge, this is the most effective bill of its kind ever introduced in the US. Unfortunately, homosexual groups in Boston have reacted hysterically when this bill was introduced in the past -- and we predict a similar reaction this time!

Text of bill:

AN ACT REGARDING PARENTAL NOTIFICATION AND CONSENT

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Chapter 71, Section 32A of the General Laws is hereby revised as follows:

Section 32A. Human sexuality education; Requirements for parental notification and consent.

Every city, town, or regional school district, vocational school district, or charter school presenting, implementing, or maintaining school programs involving human sexuality issues and behaviors shall adopt and implement a written policy ensuring parental/guardian notification of such school programs and a description of their content.

All such school programs shall be offered only in clearly identified non-mandatory elective courses, units, or activities in which parents or guardians may choose to enroll their children through written notification to the school, in a manner reasonably similar to other elective courses, units, or activities offered by the school district.

The school shall make available instruction materials and related items with adequate advance notice to parents, guardians, educators, school administrators, and others for inspection and review. Through written request prior to a related special event or assembly held at school, parents or guardians shall be allowed access to monitor its content.

No public school teacher, administrator, or staff member shall be required to participate in any such school programs that violate his religious beliefs.

The term "human sexuality issues and behaviors" includes but is not limited to: sexual education, human reproductive system, pregnancy, contraception, abortion, sexually transmitted diseases, promiscuity, homosexuality, bisexuality, lesbianism, transsexuality, transgenderism, cross-dressing, gender re-assignment, sex change, opposite-sex hormone treatments, sodomy, oral sex, anal sex, masturbation, fornication, bestiality, pansexuality, pederasty, prostitution, polygamy, polyandry, bondage and discipline, and sadomasochism. It also includes issues, concepts, and relationships deriving from those issues and behaviors, including but not limited to sexual orientation, gender identity, gender stereotype, alternative parenting models, and non-traditional marriage and family constructs.

The term "school programs" includes but is not limited to any school sanctioned activity, or portion thereof directed toward students, whether on or off campus, whether during or outside school hours, whether organized, presented or directed by school employees, agents of the school, students, volunteers, outside presenters, or others.

Such school programs include, but are not limited to, classes, curriculum, assemblies, outside speakers, workshops, theater productions, recognized student clubs, teacher/staff organizations meeting in the school including students, private or non-private counseling sessions, materials displayed or available in staff offices or classrooms, teachable moments, suggested or recommended (non-required) reading lists or assignments, videos, exhibits, posters, displays, public announcements, and handouts.

 

2. Protect children from intrusive school surveys on personal issues

Official title: An act regarding surveys in public schools schools.
Bill #: 452  Committee: Education

Sponsors: Reps. Keiko Orrall (R-Lakeville), Colleen Garry (D-Dracut); Co-sponsors: Thomas Calter (D-Kingston), Peter Durant (R-Spencer), Ryan Fattman (R-Sutton), Randy Hunt (R-East Sandwich), Kevin Kuros (R-Uxbridge)

What it does: Requires parental notification and consent for questionnaires, surveys, and similar evaluations given to schoolchildren regarding certain private, personal and family issues.

Why it's needed: Currently, thousands of students in middle schools and high schools are asked to fill out surveys on private, personal issues without their parents’ knowledge or consent. The surveys include questions about heterosexual and homosexual activity, sexual orientation, drug use, criminal activity, personal questions about family members, suicidal feelings and attempts, violence, etc. See some sample questions HERE. (Note: Most states are administering similar surveys.)

A major concern has been the psychologically intrusive nature of these surveys, which radical groups use to soften childrens' perceptions of dangerous activities. For example, a battery of questions asking "how many times" a child has engaged in certain sex acts or drug use may make the child believe he is abnormal if he is not doing it at all.

And by using leading questions, the surveys also create misleading "statistics" to persuade politicians to design state policies around, and to give radical special interest groups more taxpayer money for school programs. The surveys are not scientifically grounded –- relying on self-reporting by teenagers -– yet are being used to design state policies.

Many of these are administered by the Dept. of Elementary & Secondary Education (Youth Risk Behavior Survey) and the Dept. of Public Health (Mass. Youth Health Survey). About 9,000 students took the state surveys in 2011. In addition, many local school systems administer these (or similar) surveys on their own. This bill would make all such surveys "opt-in" by parents.

This bill would also prevent school personnel from administering similar individual "mental health screenings" without parental consent.

Text of bill:

AN ACT REGARDING SURVEYS IN THE PUBLIC SCHOOLS

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Chapter 71 of the General Laws is hereby revised as follows, with the addition of Section 32B:

Section 32B. Student surveys regarding personal or private issues; Requirements for parental notification and consent

No student in any public elementary or secondary school, without the prior written consent of the parent or guardian, shall be requested or required to submit to a survey, analysis, or evaluation concerning personal issues including, but not limited to: (1) emotional and psychological concerns or issues, whether concerning the student or his family (including “mental health screenings”); (2) sexual behavior and attitudes; (3) illegal, anti-social, self-incriminating or demeaning behaviors; (4) feelings of victimization; (5) suicide attempts or ideation, or self-abuse; (6) birth control or abortion; (7) critical appraisals of other individuals with whom respondent has family relationships; (8) legally recognized privileged or analogous relationships, such as those with lawyers, physicians, therapists, and ministers; (9) political affiliations; or (10) income.

This will apply to all such surveys whether from a state or federal agency, whether administered in a classroom setting, by a school counselor, a school nurse, or school-based health center staff member. All such screenings, surveys, analyses, and evaluations shall be shall be made reasonably available with adequate advance notice to parents, guardians, educators, school administrators, and others for inspection and review prior to being administered.

 

3. Repeal the "Buffer Zone" Law

Official title: An Act restoring free speech and public access.
Bill #: 1478  Committee: Judiciary

Sponsor: Rep. Marc Lombardo (R-Billerica)

What it does: It amends the law which created the 35-foot "buffer zone" around abortion clinics.

Why it's needed: This outrageous law was passed specifically to stop pro-life speech and dissemination of information to women considering abortions. It restricts people with a pro-life message from using public streets and sidewalks around abortion clinics and provides fines and jail time to violators. Among other problems, the law is widely reviled as an unconstitutional restriction of the First Amendment's free speech protections in public places. And it sets a dangerous precedent for the curtailing of speech related to a specific issue.

Text of bill:

AN ACT RESTORING FREE SPEECH AND PUBLIC ACCESS

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION I. Chapter 266 of the General Laws is hereby amended by repealing Section 120E 1 / 2


4. Eliminate the "Commission on Gay Lesbian Bisexual and Transgender Youth"

Official title: Relative to the protection of parents and children
Bill #: 2851  Committee: State Administration & Regulatory Oversight

Sponsor: Rep. Marc Lombardo (R-Billerica)

What it does: It repeals the law which created the "Commission on Gay Lesbian Bisexual and Transgender Youth". That law was passed in a particularly dishonest manner -- as a budget item in 2006, in order to avoid having to hold a public hearing and normal debate -- because of the extremely offensive and controversial nature of this Commission.

This Commission includes homosexual and transgender activists from across the state who work unsupervised with public school children K-12 designing and leading homosexual and transgender related programs events in schools and off campus. The Commission advances homosexual, bisexual, and transgender programs in the public schools (including “Gay-Straight Alliance” clubs in middle and high schools) and also directs teens to GLBT advocacy and support groups (BAGLY, GLSEN, PFLAG, GLAD). The horrible things this commission has done with children are almost beyond description.

Why it's needed: Many of these Commission-promoted activities are extremely graphic, explicit, and dangerous, and often include other homosexual, transgender, and even sadomasochist activists mingling with kids. There is no oversight to this commission, and their activities over the last few years have outraged parents and even public officials. In 2010 one adult commission member was arrested for soliciting homosexual sex from a minor. Earlier, another commissioner faced accusations of soliciting sex from college students. In 2009, the Commission even had "Mr. Boston Leather" (a homosexual sadomasochist) greet teens (and hand out his "business card") at the BAGLY prom ending Youth Pride Day.

Other examples of the many events with children by Commission members include this "Youth Pride" parade and the distribution of this dangerous flyer, along with homosexual condoms.

Incredibly, this state-funded Commission directs millions of dollars of taxpayer money. While $100K of state funding in FY2013 is earmarked specifically for the Commission (staffed mostly by volunteer LGBT activists), most of their efforts are funded in larger unspecified amounts and implemented via the Departments of Education and Public Health and other state agencies. One of its member sub-groups, BAGLY, also receives separate funding.

Thus, in addition to its work with schools, the Commission advocates and coordinates radical GLBT programs throughout many state agencies. No other state has such a commission, and Massachusetts should not, either.

Text of bill:

RELATIVE TO THE PROTECTION OF PARENTS AND CHILDREN

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 3 of the General Laws is hereby amended by repealing Section 67.


Two girls at an off-campus "Youth Pride" event put on by Commission members. Kids were bussed from their schools to attend.
[MassResistance photo]

 

5. Repeal the Transgender Rights and Hate Crimes law.

Official title: Relative to the term “gender identity” in the General Laws.
Bill #: 1479  Committee: Judiciary

Sponsors: Reps. Jim Lyons (R-Andover), Marc Lombardo (R-Billerica); Co-sponsors: Alan Silvia (D-Fall River), Elizabeth Poirier (R-North Attleborough), Nicholas Boldyga (R-Southwick), Vinny deMacedo (R-Plymouth), Angelo D'Emilia (R-Bridgewater), Geoff Diehl (R-Whitman), Peter Durant (R-Spencer), Ryan Fattman (R-Sutton), Paul Frost (R-Auburn), Steven Howitt (R-Seekonk), Brad Jones (R-North Reading), Kevin Kuros (R-Uxbridge), James Miceli (D-Wilmington), Shaunna O'Connell (R-Taunton), Keiko Orrall (R-Lakeville), David Vieira (R-East Falmouth), Colleen Garry (D-Dracut)

What it does: It repeals the recently passed Transgender Rights and Hate Crimes law.

Why it's needed: This law was rushed through in Nov. 2011 with no substantial debate. Among other things, it says employers, landlords, and a broad range of other entities may not discriminate on the basis of “gender identity.” This includes cross-dressing men and women who have often undergone body mutilation surgery, breast enlargement, and hormone treatments (for women to grow facial hair). Fines and penalties may be levied by the Massachusetts Commission Against Discrimination against violators.

It also applies to the public schools (and is already in force), requiring them to treat boys dressing as girls as if they were actually girls --including use of female locker rooms and rest rooms, and participation on girls' athletic teams -- and vice versa. Schools can't refuse to employ a teacher for cross-dressing (or transitioning) on the job. There are fines and/or punishment for anybody who complains or speaks out against transgenderism.

Text of bill:

AN ACT RELATIVE TO GENDER IDENTITY

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.  Notwithstanding any special or general law to the contrary, Chapter 4 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended in section 7 by striking out the fifty-ninth clause, entitled “Gender Identity.”.

SECTION 2.  Section 32 of chapter 22C of the General Laws, as so appearing, is hereby amended by striking out after the word “gender”, in line 12, the following words:- , gender identity.

SECTION 3.  Section 89 of chapter 71 of the General Laws, as so appearing, is hereby amended by striking out after the word “sex”, in lines 91 and 320, in each instance, the following words:- , gender identity.

SECTION 4.  Section 5 of chapter 76, of the General Laws, as so appearing, is hereby amended by striking out after the word “sex”, in line 185, the following words:- , gender identity.

SECTION 5.  Section 12B of said chapter 76, as so appearing, is hereby amended by striking out after the word “sex”, in line 185, the following words:- , gender identity.

SECTION 6.  Section 3 of chapter 151B of the General Laws, as so appearing, is hereby amended by striking out after the word “sex”, in lines 17 and 61, in each instance, the following words:- , gender identity.

SECTION 7.  Section 4 of said chapter 151B, as so appearing, is hereby amended by striking out after the word “sex”, in lines 3, 69, 82, 87, 96, 103, 136, 163, 169, 179, 226, 233, 339, 349, 353, 359, 485, 495, 505, 661 and 670, in each instance, the following words:- , gender identity.

Note: We originally submitted different text for this bill. But Reps. Lyons and Lombardo had apparently already written this text, which is actually more specific. So when they filed this one we helped get co-sponsors for it.

6. Remove exemption of schools from anti-pornography laws

Official title: An Act Relative to Protecting Children from Harm in Schools.
Bill #: 1282  Committee: Judiciary

Sponsor: Rep. Vinnie DeMacedo (R-Plymouth)

What it does: It removes the exemption of schools from laws regarding obscenity ("materials harmful to minors").

Why it's needed: In recent years public schools across Massachusetts have been distributing (and assigning) materials to children that are graphic, explicit depictions of sexual and homosexual activities which would legally be considered pornography. If a parent gave these to his child he could face arrest and prosecution.

One well-known example is the book The Perks of Being a Wallflower by Stephen Chbosky which has been assigned in a number of schools across the state. The book contains graphic descriptions of children engaging in, among other things: Sexual acts between teenagers, anal sex between two boys, male masturbation, oral sex, homosexual acts between men and boys, sex between a boy and a dog, female masturbation using an object. This is one of many such books assigned to kids and put into school libraries. Parents have demanded that their children be protected from such material in the public schools.

Text of bill:

AN ACT RELATIVE TO PROTECTING CHILDREN FROM HARM IN SCHOOLS

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1: Section 28 of chapter 272, as appearing in the 2008 Official Edition, is hereby amended by striking out, in line 16, the word: - “school,”

SECTION 2: Section 29 of chapter 272, as appearing in the 2008 Official Edition, is hereby amended by striking out, in line 13, the word:- "school,"

SECTION 3: Section 29b of chapter 272, as appearing in the 2008 Official Edition, is hereby amended by striking out, in line 44, the word:- "school,"

Note: Our original version of this bill did not include sections 2 and 3. A version filed last session by Rep. Vinnie deMacedo included them. He re-filed it this year and we're supporting it.

7. Remove exemption of Legislature from open meeting laws

Official title: An Act relative to the Open Meeting Law.
Bill #: 2817  Committee: State Admnistration & Regulatory Oversight

Sponsor: Rep. Brad Hill (R-Ipswich); Co-sponsors: Reps: Elizabeth Poirier (R-North Attleborough), Sheila Harrington (R-Groton), Josh Cutler (D-Duxbury), Sens: Bruce Tarr (R-Gloucester), Richard Ross (R-Wrentham)

What it does: It removes the exemption of the Legislature and its committees, bodies, and commissions from the state's open meeting laws.

The legislature excludes itself and its committees, bodies and commissions from the state's open meeting laws, primarily discussed in Sections 18 to 25 of Chapter 30 of the Mass. General Laws.

Why it's needed: This has been a source of outrage and frustration over the years to citizens who want open and transparent government. There is no logical reason that all local and county government bodies should be held to these standards, but not the state bodies. Thus, state bodies do not have to post notice of their meetings, and they can ban taping of their meetings by the public -- unlike local and county government bodies.

In particular, commissions such as the Commission on Gay Lesbian Bisexual and Transgender Youth regularly ban recording of their public meetings, do not sufficiently provide notice, hold their meetings in places inconvenient to the general public, and intimidate citizens by requiring them to present identification when attending.

Text of bill:

AN ACT RELATIVE TO OPEN MEETINGS

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 18 of Chapter 30A of the General Laws, as appearing in the 2010 Official edition, is hereby amended in the definition of "Public Body", by striking the phrase "the general court or the committees or recess committees thereof".

Note: We had written a bill to file with the identical text, but Rep. Hill had already filed this one. So we helped get co-sponsors for it.