Brian Baer / bbaer@sacbee.com

Kay Smith, seated, left, and his wife, Mardi Smith, from Rocklin show their support for Proposition 8 during a rally Monday at the Riverside Wesleyan Church in Sacramento.

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  • Full Slideshow
  • PROP 8

    Fiscal effect:

    • Cost state and local governments millions in potential sales taxes and other revenues over the next few years, according to the Legislative Analyst's Office.

    Supporters say:

    • It would restore the definition of marriage to what California voters have already approved and history has understood it to be.

    • It would overturn the decision of four activist state Supreme Court justices.

    • It would protect children from being taught in public schools that same-sex marriage is the same as traditional marriage.

    Opponents say:

    • The state Constitution should guarantee the same freedoms and rights to everyone.

    • Marriage and domestic partnerships aren't the same, and this would take away the rights of gay and lesbian couples.

    • No child can be forced against the will of their parents to be taught anything in school about health and family issues.

    Supporters:

    • ProtectMarriage.com, California Catholic Bishops Conference, California Family Council

    • Brigham Young University

    • Focus on the Family, National Organization for Marriage California, Family Research Council

    Opponents:

    • Gov. Arnold Schwarzenegger, California Log Cabin Republicans

    • American Civil Liberties Union, Courage Campaign, California NAACP, California NOW

    • Equality California, Human Rights Campaign
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Prop. 8 debate veers from same-sex marriage to public schools

Published: Tuesday, Oct. 21, 2008 - 12:00 am | Page 1A
Last Modified: Tuesday, Oct. 21, 2008 - 2:45 pm

No issue in the Proposition 8 campaign has generated as much debate as the contention by supporters that public schools in California will promote same-sex marriage if the ballot measure fails.

The Yes on 8 forces have made it the focus of their campaign strategy in television and radio ads that have been running for weeks. The ads point to Massachusetts, where gay marriage has been legal since 2003 and the issue is being taught in schools.

But opponents of the proposed constitutional amendment, which would end gay marriage in California, accuse supporters of fear-mongering. They note there is nothing in the state education code that requires schools to teach anything about marriage – straight or gay.

On Monday, the Yes on 8 campaign brought the Massachusetts couple featured in its new $2 million ad buy to Sacramento and launched a statewide bus tour from the Riverside Wesleyan Church in the Greenhaven-Pocket area.

Robin and Robb Wirthlin recounted how a year after Massachusetts legalized gay marriage, they were shocked when their 7-year-old son told them he was reading "King and King," a book that included two princes marrying.

After the Mormon couple objected to having their children taught about same-sex marriage, the U.S. 1st Circuit Court of Appeals ruled they had no right to advance notice of the instruction. Two weeks ago, the U.S. Supreme Court refused to hear an appeal of their case.

"This is now the law of the land in the 1st Circuit federal court, and it will be used in California against Californians to say this is the legal reason why we cannot object to teachings about gay marriage," Robin Wirthlin said at a news conference.

But Kate Kendall, an attorney for the No on 8 campaign, said "the claim that if Prop. 8 (fails), children will be taught about gay marriage is a lie." The Wirthlin case, she said, was decided on Massachusetts law.

"We have broad 'opt-out' provisions," Kendall said, allowing parents in California to remove their children from class before something they deem objectionable is taught.

California state and local education officials also say the Yes on 8 ads are misleading.

The state education code, they note, barely mentions marriage. When it does, it refers to teaching "respect for marriage and committed relationships" in generic terms and "the legal and financial aspects and responsibilities of marriage and parenthood."

Instruction and materials may not "reflect or promote bias against any person" on the basis of several categories, including sexual orientation.

But marriage instruction is not required because California is "a local control state," and the decision is left to school districts.

Moreover, state law requires schools to inform parents before sex or other sensitive issues are discussed.

"The ed code is crystal-clear, and that's not being reported in the ads," said Sharla Smith, the sexual health expert at the California Department of Education.

Patti Kelly, a spokeswoman for the California School Boards Association, said Proposition 8 will not "impact public education."

"Our stance is that Proposition 8 is about same-sex marriage … it's not about school curriculum, despite what the ads say," said Kelly, whose association represents more than 1,000 school districts and county offices of education.

Frank Schubert, who is managing the Yes on 8 campaign, disagrees and said the campaign is making the teaching of same-sex marriage in schools the focus of its campaign.

"We know the push will be on (in California) because it is always the agenda of people who want greater acceptance of their relationships," Schubert said.

Kendall called the ad campaign a "scare tactic."

"Those in favor of Prop. 8 know that if they just talk about eliminating the right to marry, the voters will not vote yes," she said.

The Yes on 8 campaign contends California education law requires teachers to instruct children as young as kindergarten about marriage.

But the law doesn't require any instruction about marriage, and Smith said even schools that teach about marriage in general, don't do so until high school.

State law also does not require schools to teach comprehensive sex education, but they must provide HIV/AIDS prevention education at least once in middle school and once in high school.

Ema Gluckmann, a science teacher at West Campus High School in Sacramento, wrote the original curriculum for health instruction for the Sacramento City Unified School District.

"When kids (bring) up gay marriage or straight marriage or living together – whatever – I say that everybody deserves to be respected," Gluckmann said.

The California Teachers Association has donated $1.25 million to defeat Proposition 8. Gluckmann also opposes the measure, but she said she keeps political opinions to herself when she is teaching.

Such issues, she said, are better discussed between students and their parents.

"What a child does at home, or what parents do at home, it's not my business unless they're in an abusive relationship," she said, noting that state law requires teachers to report allegations of abuse to authorities.

John Montgomery, assistant superintendent of curriculum for the Roseville Joint High School District, said teachers in the district also use discretion when discussing gay marriage.

"They're probably more inclined to talk of the responsibilities of legal adults," he said. "Now, whether they go into greater detail in terms of same-sex marriage or traditional marriage, I doubt that."

Schubert said gay marriage is already taught in some schools, citing a case in which first-graders in San Francisco attended the wedding of their lesbian teacher that was officiated by Mayor Gavin Newsom,

While school officials noted the outing was arranged by a parent, Schubert said, "In the final two weeks, we are going to have this debate about whether or not you can opt your children out."


Call Aurelio Rojas, Bee Capitol Bureau, (916) 326-5545.


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