It has been interesting to listen to the conversation about Governor Herbert’s veto of Rep. Wright’s bill that would have outlawed discussion of contraceptives in sex ed courses. Much of that conversation has been factually incorrect.
For example, people have said that the veto will lead to advocacy of homosexuality in schools and to condom and zucchini enactments. Well, in a word, no. The veto simply leaves us with our current law. So, the relevant question is whether those activities are happening under our current law. The answer is “no.”
Sex ed is taught in our high schools every year. Out of all those classrooms and all that instruction, where are the examples of promotion of homosexuality and risqué theater? They don’t exist. Current law has served us well. From a factual standpoint, then, this bill was a solution in search of a problem.
Next, to determine the need for this legislation, let’s take a look at current law. In much of the dialogue, I have heard people say that Rep. Wright’s bill is needed because they want abstinence taught and that they don’t want any advocacy of pre-marital sex, homosexuality, or contraceptives. OK. Let’s see how our existing law measures up.
Subsection1(b) says “instruction shall stress:
(A) the importance of abstinence from all sexual activity before marriage and fidelity after marriage as methods for preventing certain communicable diseases; and
(B) personal skills that encourage individual choice of abstinence and fidelity.”
Check.
Subsection (c)(iii)(A) prohibits “instruction in:
(I) the intricacies of intercourse, sexual stimulation, or erotic behavior;
(II) the advocacy of homosexuality;
(III) the advocacy or encouragement of the use of contraceptive methods or devices; or
(IV) the advocacy of sexual activity outside of marriage.”
And, check.
These existing provisions are why (circling back to the existing factual reality) Utah students don’t come home with stories of nefarious indoctrination by their teachers. Our existing law is good.
Our existing law could be beefed up in 2 areas: consistency in the discussion of contraceptives and better parental notification. But, based on my experience, it would be tough to make such commonsense changes, because the conversation on sex ed quickly strays from facts and actual language.
And, I get that. Human sexuality is a huge deal, and it has great significance to just about everyone. It is a sensitive topic. With that in mind, I don’t mean to provoke. Rather, because the issue has great significance to me too, I simply intend to pull the discussion back to facts and actual language. My take is that our existing law went through a far better process than Rep. Wright’s bill and, as a result, is a far better law. It has served us well, and it will continue to do so.
American Dictatorship Would Come From the Left
During the W years, I actually enjoyed the frequent leftist commentary that Bushitler was moving us toward a dictatorship. Every time the guy sneezed, he was Stalin. I think it’s healthy to have an aggressive Media. But, I got news for you about that much-feared American dictatorship: it ain’t coming from the Right.
First off, the Left, not the Right, wants move government control: Government knows better and, for our own good, should control more. As you saw President Obama doing this week regarding Congressman Ryan’s plan, the Right is criticized for wanting less Government. Second off, the Media actually watches the Right, smacking them when they deserve it (and even when they don’t). Not so, the Left. Take this week, for example.
President Obama used the bully pulpit to challenge the Supreme Court in a pending case, which, in the American system of Government, is like beating someone in a coma. The Court does not and will not respond to such criticism. Thus, restrained Presidents do not criticize/threaten the Court regarding pending cases. After a decision is made? Sure, go for it; make your case politically for legislation to address the offensive decision. But, an attack while the Court deliberates undercuts the independence of the Judiciary and, thus, the rule of law.
I’m a huge fan of John Marshall, our greatest jurist and the author of Marbury v. Madison—the great decision that elaborated the constitutional pillar of judicial review. Last year, I had the privilege of discussing this great case and the constitutional principle of judicial review with a class at the UofU law school. Every law professor in the country knows that it was wrong for Obama to crap on the Court that way. Were he a Republican, they and the Media editorials, would have called him a Constitution-hating jackass for making the comments. But, since he’s a Democrat . . .
. . . the great Laurence Tribe said, “Even if such comments won’t affect the justices a bit, they can contribute to an atmosphere of public cynicism that I know this president laments.” Let me translate for the non-lawyers: “Such comments undercut the rule of law. The President was a jackass to make them”
Had Bushitler made the remarks, the Media would have spilled barrels of ink calling him a Constitution-hating jackass. Instead, for Obama, the Media spills barrels of anodyne, boldly noting that the remarks “struck a nerve.” Or, in case that was too aggressive to a Democrat, the thuggish words of the man holding the most powerful office in the world, directed to a co-equal branch of government that cannot/will not defend itself in the media, were merely Barack being . . . “cute.”I swear. Read it yourself.
In cases where the Media would call on all patriots to grab pitchforks and torches to thwart a Republican dictatorship juggernaut, the Media dismissed blatant thuggery as “cute.” The Executive’s disdain for the Judiciary and Separation of Powers concerns is “cute.”
But, the hyper-vigilant American Media won’t let a President get away with an attack on the Court; will it? No! The Media proclaims, “Even some legal scholars sympathetic to Obama and the health-care law are saying that the president might have been better off keeping quiet.” Roar! Take that Mr. President! Go Media! Speak unvarnished truth to power!