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“Dignity” Advances Out of the Assembly PDF Print E-mail
A bill that supporters say would curb bullying in public schools, but conservatives fear would only lead to affirmation of alternative lifestyles, is making its way through the New York State Legislature. The bill in question is sponsored by Senator Duane (D – Manhattan) in the State Senate (S1987-A) and by Assemblyman O’Donnell (D – Manhattan) in the State Assembly (A3661-B).

The purpose of the proposed bill, known as the Dignity for All Students Act (DASA), is to afford all students in public schools an environment free of discrimination and harassment, to foster civility in public schools and to prevent and prohibit conduct which is inconsistent with a school’s educational mission.

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DASA would open school locker rooms to opposite sex students.
 These goals seem admirable, but Stephen P. Hayford, Esq. of The Association of Politically Active Christians warns believers to "see this proposal for what it truly is." Mr. Hayford points out that DASA "would prohibit harassment and discrimination in public schools on the basis of various criteria, including sexual orientation and gender identity. There are several major problems with that particular language. One problem is that New York State would be recognizing ‘gender identity’ – a code word for crossdressing and transsexuality – as a protected civil rights category. That would truly be a radical step." Mr. Hayford added, "Another problem is that DASA could potentially lead to public school faculty, staff, and students being punished for ‘harassment’ if they exercise First Amendment rights by speaking out in opposition to homosexual or transgendered behavior."

Rev. Jason McGuire of New Yorkers for Constitutional Freedoms shares these concerns. He argues that if the state passes a law that identifies gender identity as a protected class that the school is opening up its locker rooms, restrooms and shower facilities to opposite sex individuals. McGuire says, "There is simply no test to determine if a person is ‘transgender enough’ to use the opposite sex locker rooms. There are no provisions in the bill to prohibit a teenage boy from self-identifying as a teenage girl simply to gain access to the locker room after gym class. Is this what we want for our children?" McGuire asks.A trial to determine the constitutionality of a similar California law that provides special status based on "gender identity" is already underway in Sacramento. Under that law, a female public school student was allowed to dress and undress in the boys’ locker room. In light of this pending litigation, Mr. Hayford asks, "Why should New York State follow California in passing this kind of an ill-advised law, only to waste time and money on the inevitable lawsuits that would surely result?"

DASA would create new reporting requirements and policy requirements for schools, mandate additional training and instruction for public school students and staff regarding tolerance and diversity, and require the State Education Department to issue grant funding to facilitate these goals. Both proponents and opponents of DASA agree that there would be costs associated with the new training and regulations.

Conservatives argue that bullying cannot be stopped by legislative action, and that the state should not be expending additional dollars in a fruitless effort. They point to the fact that despite significant and ever-increasing school funding, many public schools remain only marginally effective or fail to meet educational goals.

Already-enacted character-based curricula require education in civility, tolerance, personal responsibility, respect for others, courtesy and dignity. Rev. Tom Stiles, Director of Church Relations for New Yorker’s Family Research Foundation, says, "Misbehavior by or against students in public schools should be remedied through existing public school disciplinary procedures such as early intervention, detention, suspension and even expulsion." Stiles adds, "The Bible recognizes the intrinsic value and dignity of every individual, but it also calls sinful lifestyles what they are. Nowhere does the Word of God teach that accommodations should be made for behaviors like this. If a young person is struggling with Gender Identity Disorder, the compassionate, Christian thing to do is not to encourage the disorder, but to help that young person to overcome it."

On March 31, 2009, A3661-B advanced out of the Assembly Codes Committee by a vote of 18 to 1. Then on April 7, 2009, DASA was voted on by the entire New York State Assembly and passed by a vote of 131 to 5.

Last Updated ( Friday, 01 May 2009 )