Kirsten Andersen

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Massachusetts forces schools to let 'transgender' boys use girls' restrooms, lockers

Kirsten Andersen
Kirsten Andersen
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BOSTON, February 19, 2013, (LifeSiteNews.com) – Massachusetts Commissioner of Education Mitchell Chester has issued orders to the state’s K-12 public schools requiring them to permit “transgender” boys and girls to use the opposite sex’s locker rooms, bathrooms, and changing facilities as long as they claim to identify with that gender.

Many elementary schools in smaller Massachusetts towns include children from kindergarten through eighth grade, making it possible for boys as old as 14 to share toilet facilities with girls as young as five.

Under Chester's leadership, the Department of Elementary and Secondary Education (DESE) released an 11-page document on Friday outlining this and other new guidelines giving “transgender” students special status and privileges in Massachusetts schools. Some family advocates are calling the document, which was prepared with assistance from homosexual and transgender advocacy groups, “the most thorough, invasive, and radical transgender initiative ever seen on a statewide level.”

The policy does not require a doctor’s note or even parental permission for a child to switch sexes in the eyes of Massachusetts schools. Only the student’s word is needed: If a boy says he’s a girl, as far as the schools are concerned, he’s a girl.

“The responsibility for determining a student’s gender identity rests with the student,” the statement says. “A school should accept a student’s assertion of his or her gender identity when there is … ‘evidence that the gender-related identity is sincerely held as part of a person’s core identity.’” That evidence, according to the document, can be as simple as a statement given by a friend.

That means, according to the newly issued school policies, that boys who say they identify as girls must be addressed by the feminine pronoun and be listed as girls on official transcripts.

They must also be allowed access to girls’ facilities and be allowed to play on girls’ athletic and club teams. The same is true for girls who say they are boys.

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The document was issued to clarify the schools’ obligations in light of “An Act Relative to Gender Identity,” a law that went into effect last July. That bill amended Massachusetts law “to establish that no person shall be excluded from or discriminated against in admission to a public school of any town, or in obtaining the advantages, privileges and courses of study of such public school on account of gender identity.”

However, Brian Camenker, spokesman for government watchdog group MassResistance, told LifeSiteNews the DESE’s new directives go far beyond what the law requires.

Camenker pointed out that the only requirement the Gender Identity bill imposed on schools was to add “gender identity” to their non-discrimination policies, alongside other protected groups such as religious or ethnic minorities. Under the DESE’s policy, however, self-identified transgendered students will have more rights than other students, including the right to access bathroom and changing facilities of the opposite sex and play on the opposite sex’s sports teams.

Not only that, but students who object may be subject to punishment under the state’s new “anti-bullying” law, which, like the new school policy, was written with the help of homosexual and transgender activist groups.

Under that law, any outwardly negative reaction against transgenderism can now be considered bullying, and subject to discipline and punishment, according to Camenker.

“The directive is clear that there is to be no tolerance for students who become uncomfortable or upset at these situations being pushed on them,” Camenker wrote. “The school's approach is to be unyielding to any such discomfort, and to re-educate those students to have more ‘acceptable’ reactions and values.”

“[It] is completely natural for a child to feel very uncomfortable using a female name for an individual they know to be male, seeing a boy in girl’s clothing, or feeling it’s unfair that a boy is competing athletically as a girl,” Camenker added. “These feelings are now considered by the school to be backwards and disruptive.”

Andrew Beckwith, attorney for Massachusetts Family Institute, called the document’s definition of transgender “extremely broad.”

“If a male student tells his teacher he feels like a girl on the inside, the school has to treat him in every way as if he actually is a girl,” Beckwith said. “School personnel may be forbidden from informing the parents of their child’s gender decisions, and students can even decide to be one gender at home and another at school.”

Kris Mineau, president of the Massachusetts Family Institute, worries that the new policy could put girls at particular risk for violations ranging from privacy invasions to sexual assault.

“The School Commissioner’s first duty is to protect all students, from kindergarten to grade 12, not endanger them,” Mineau said in a statement. “The overriding issue with this new policy is that opening girls’ bathrooms to boys is an invasion of privacy and a threat to all students’ safety.”

The DESE expressed awareness that parents and students would likely have concerns, but they dismissed such feelings as invalid.

“Some students may feel uncomfortable with a transgender student using the same sex-segregated restroom, locker room or changing facility,” the document concedes, but then admonishes administrators, “this discomfort is not a reason to deny access to the transgender student.”

The Massachusetts Family Institute reminded the public that during debate, the gender identity law that led to this new policy had been called the “Stealth Bathroom Bill” by critics. At the time, the part of the law explicitly opening all public bathrooms to self-identified transgender people was removed in response to concerns about safety and privacy.

In schools, however, the bathroom provisions will now effectively be put back in.

Democratic State Rep. Colleen Garry has introduced amending legislation to the current law intended to force people to use restrooms and locker room facilities consistent with their anatomical sex.

“Like many of my colleagues, I am very concerned about Commissioner Chester’s directive to open public school bathrooms to all genders,” said Garry. “This was not the intent of the Legislature, and we need to pass legislation that clearly defines the use of such facilities.”


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Quebec groups launch court challenge to euthanasia bill

LifeSiteNews staff
By LifeSiteNews staff

As announced when the Quebec legislature adopted Bill 52, An Act respecting end-of-life care, the citizen movement Living with Dignity and the Physicians’ Alliance against Euthanasia, representing together over 650 physicians and 17,000 citizens, filed a lawsuit before the Superior Court of Quebec in the District of Montreal on Thursday.

The lawsuit requests that the Court declare invalid all the provisions of the Act that deal with “medical aid in dying”, a term the groups say is a euphemism for euthanasia. This Act not only allows certain patients to demand that a physician provoke their death, but also grants physicians the right to cause the death of these patients by the administration of a lethal substance.

The two organizations are challenging the constitutionality of those provisions in the Act which are aimed at decriminalizing euthanasia under the euphemism “medical aid in dying”. Euthanasia constitutes a culpable homicide under Canada’s Criminal Code, and the organizations maintain that it is at the core of the exclusive federal legislative power in relation to criminal law and Quebec therefore does not have the power to adopt these provisions.

The organizations also say the impugned provisions unjustifiably infringe the rights to life and to security of patients guaranteed by the Canadian Charter of Rights and Freedoms and the Quebec Charter of Human Rights and Freedoms. They further infringe the right to the safeguard of the dignity of the person, which is also protected by the Quebec Charter.

In view of the gravity of the situation and the urgent need to protect all vulnerable persons in Quebec, they are requesting an accelerated management of the case in order to obtain a judgment before the Act is expected to come into force on December 10, 2015.


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Colorado baker appeals gvmt ‘re-education’ order

LifeSiteNews staff
By LifeSiteNews staff

A Colorado cake artist who declined to use his creative talents to promote and endorse a same-sex ceremony appealed a May 30 order from the Colorado Civil Rights Commission to the Colorado Court of Appeals Wednesday.

The commission’s order requires cake artist Jack Phillips and his staff at Masterpiece Cakeshop to create cakes for same-sex celebrations, forces him to re-educate his staff that Colorado’s Anti-Discrimination Act means that artists must endorse all views, compels him to implement new policies to comply with the commission’s order, and requires him to file quarterly “compliance” reports for two years. The reports must include the number of patrons declined a wedding cake or any other product and state the reason for doing so to ensure he has fully eliminated his religious beliefs from his business.

“Americans should not be forced by the government – or by another citizen – to endorse or promote ideas with which they disagree,” said the cake artist’s lead counsel Nicolle Martin, an attorney allied with Alliance Defending Freedom. “This is not about the people who asked for a cake; it’s about the message the cake communicates. Just as Jack doesn’t create baked works of art for other events with which he disagrees, he doesn’t create cake art for same-sex ceremonies regardless of who walks in the door to place the order.”

“In America, we don’t force artists to create expression that is contrary to their convictions,” added Alliance Defending Freedom Senior Legal Counsel Jeremy Tedesco. “A paint artist who identifies as homosexual shouldn’t be intimidated into creating a painting that celebrates one-man, one-woman marriage. A pro-life photographer shouldn’t be forced to work a pro-abortion rally. And Christian cake artists shouldn’t be punished for declining to participate in a same-sex ceremony or promote its message.”

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In July 2012, Charlie Craig and David Mullins asked Jack Phillips, owner of Masterpiece Cakeshop, to make a wedding cake to celebrate their same-sex ceremony. In an exchange lasting about 30 seconds, Phillips politely declined, explaining that he would gladly make them any other type of baked item they wanted but that he could not make a cake promoting a same-sex ceremony because of his faith. Craig and Mullins, now represented by the American Civil Liberties Union, immediately left the shop and later filed a complaint with the Colorado Civil Rights Division. The case now goes to the Colorado Court of Appeals as Masterpiece Cakeshop v. Craig.

“Jack, and other cake artists like him – such as those seen on TV shows like ‘Ace of Cakes’ and ‘Cake Boss’ – prepare unique creations that are inherently expressive,” Tedesco explained. “Jack invests many hours in the wedding cake creative process, which includes meeting the clients, designing and sketching the cake, and then baking, sculpting, and decorating it. The ACLU calls Jack a mere ‘retail service provider,’ but, in fact, he is an artist who uses his talents and abilities to create expression that the First Amendment fully protects."

Celebrity cake artists have written publicly about their art and the significant expressive work that goes into the artistic design process for wedding cakes.


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Prisoner of conscience Mary Wagner appeals her conviction

Tony Gosgnach
By Tony Gosgnach

TORONTO -- As promised, Mary Wagner has, through her counsel Dr. Charles Lugosi, filed a formal notice of appeal on numerous points regarding her recent, almost two-year-long court case that ended on June 12.

Justice Fergus O’Donnell of the Ontario Court of Justice rejected every application made by the defence – including for access to abortion center records, public funding, standing for a constitutional challenge and for expert witnesses to be heard – before he found Wagner guilty and sentenced her to five months in jail on a charge of mischief and four months on four counts of failing to comply with probation orders.

He further levied two years of probation, with terms that she stay at least 100 metres away from any abortion site. However, because Wagner had spent a greater time in jail than the sentence, she was freed immediately. She had been arrested at the “Women’s Care Clinic” abortion site on Lawrence Avenue West in Toronto on August 15, 2012 after attempting to speak to abortion-bound women there. She then spent the duration of the trial in prison for refusing to sign bail conditions requiring her to stay away from abortion sites.

Wagner is using the matter as a test case to challenge the current definition of a human being in Canadian law – that is, that a human being is legally recognized as such only after he or she has fully emerged from the birth canal in a breathing state.

Wagner’s notice states the appeal is regarding:

  • Her conviction and sentence on a single count of mischief (interference with property),
  • Her conviction and sentence on four counts of breach of probation,
  • The order denying public funding,
  • The order denying the disclosure of third-party records,
  • The order denying the admission of evidence from experts on the applicant’s constitutional challenge concerning the constitutional validity of Section 223 of the Criminal Code,
  • The order denying the admission of evidence from experts concerning the construction of Section 37 of the Criminal Code,
  • The probation order denying Wagner her constitutional rights to freedom of speech, freedom of expression, freedom of conscience and freedom of religion on all public sidewalks and public areas within 100 metres of places where abortions are committed,
  • And each conviction and sentence and all orders and rulings made by O’Donnell.

In the notice of appeal, Lugosi cites numerous points on which O’Donnell erred:

  • He denied Wagner her constitutional right to make full answer and defence.
  • He denied Wagner her right to rely on Section 37 of the Criminal Code, which permits “everyone” to come to the third-party defence and rescue of any human being (in this case, the preborn) facing imminent assault.
  • He decided the factual basis of Wagner’s constitutional arguments was a waste of the court’s time and that no purpose would have been served by having an evidentiary hearing on her Charter application because, in the current state of Canadian law, it had no possibility of success.
  • He misapplied case law and prejudged the case, “giving rise to a reasonable apprehension of bias and impeding the legal evolution of the law to adapt to new circumstances, knowledge and changed societal values and morals.”
  • He accepted the Crown’s submission that it is beyond the jurisdiction of the courts to question the jurisdiction of Parliament legally to define “human being” in any manner Parliament sees fit.
  • He ruled Section 223 of the Criminal Code is not beyond the powers of Section 52 of the Constitution Act, 1982.
  • He ruled Section 223 of the Criminal Code does not violate the Preamble to, as well as Sections 7, 11(d), 15 and 26, of the Charter of Rights and Freedoms.
  • He denied Wagner standing to raise a constitutional challenge to the validity of Section 223 of the Criminal Code.
  • He ruled that Section 223 of the Criminal Code applied generally throughout the entire Criminal Code and used it to deny unborn human beings the benefit of equal protection as born human beings under Section 37 of the Criminal Code.
  • He denied the production and disclosure of third-party records in the possession of the “Women’s Care Clinic” abortion site, although the records were required to prove Wagner was justified in using reasonable force in the form of oral and written words to try to persuade pregnant mothers from killing their unborn children by abortion.
  • He denied Wagner the defence of Section 37 of the Criminal Code by ruling unborn children did not come within the scope of human beings eligible to be protected by a third party.
  • He ruled Wagner did not come within the scope of Section 37 because she was found to be non-violent (in that she did not use physical force).
  • He ruled the unborn children Wagner was trying to rescue were not under her protection.
  • He denied Wagner the common-law defences of necessity and the rescue of third parties in need of protection.
  • He denied Wagner public funding to make full answer and defence for a constitutional test case of great public importance and national significance.
  • He imposed an unconstitutional sentence upon Wagner by, in effect, imposing an injunction as a condition of probation, contrary to her constitutional rights of free speech, freedom of expression, freedom of conscience and freedom of religion.

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Among the orders Lugosi is seeking are:

  • That an appeal be allowed against conviction on all counts and that a verdict of acquittal be entered on all counts,
  • That Section 223 of the Criminal Code be found unconstitutional  and contrary to Section 52 of the Constitution Act, 1982, as well as the unwritten constitution of Canada,
  • That the sentence be declared unconstitutional and contrary to Section 52 of the Constitution Act, 1982, and the unwritten constitution of Canada or that a new trial be conducted, with Wagner permitted to make full answer and defence, be given standing to make a constitutional attack on Section 223 of the Criminal Code, with the admission of expert witnesses,
  • That the Women’s Care Clinic abortion site be made to produce third-party records pertaining to patients seen on August 15, 2012 (when Wagner entered the site),
  • And that there be public funding for two defence counsels at any retrial and for any appeal related to the case.

No date has yet been established for a decision on the appeal or hearings.

A defence fund for Wagner’s case is still raising money. Details on how to contribute to it can be found here.


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