BILL NUMBER:  SB 1437
  VETOED	DATE: 09/06/2006




To the Members of the California State Senate:

No teacher or textbook in our schools should ever intentionally
demean or disparage any group in our society, including
discrimination based on sexual orientation.

I am vetoing Senate Bill 1437 because this bill attempts to offer
vague protection when current law already provides clear protection
against discrimination in our schools based on sexual orientation.

Education Code section 200 referring to Penal Code section 422.55
governing hate crimes, provides that It is the policy of the State of
California to afford all persons in the public schools, equal rights
and opportunities in our state educational institutions, regardless
of their sex, ethnic group, race, national origin, religion,
disability and sexual orientation.

Education Code section 220 expands the protection of section 200,
prohibiting such discrimination in any program or activity conducted
by an educational institution.  In addition, Education Code section
60045, subdivision (a), provides that all instructional materials
shall be accurate, objective, and current and suited to the needs and
comprehension of pupils at their respective grade levels.

This protection specifically covers school programs, activities,
instruction and instructional materials. I and this administration
are firmly committed to the vigorous enforcement of these
protections.

SB 1437 deals exclusively with Education Code sections 51500, 51501,
and 60044 prohibiting instruction, materials and activities that
reflect adversely on persons.  Not only is this term extremely vague,
and potentially confusing, but I am not aware of any published case
brought under these code sections in which individuals within the
protected classes have successfully protected their rights under
these statutes.  But courts have confirmed that individuals in the
protected class es can state a legal claim for violation of education
Code section 200 and 220.

Therefore, since the Education Code already specifically protects
against discrimination to groups based on their sexual orientation
and includes programs, instructions and instructional materials.  I
am vetoing this bill because the vagueness of the term reflects
adversely would not strengthen this important area of legal
protection from bias based on sexual orientation.

Sincerely,



Arnold Schwarzenegger