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Anti-bullying bill gets tentative House OK
Republicans were opposed to its wording
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Published: June 23, 2009
RALEIGH
The General Assembly is on the verge of requiring all local school districts to adopt anti-bullying policies that specifically recognize certain categories of students, including gay and lesbian students.
After a long and contentious debate, the anti-bullying bill was tentatively approved by the N.C. House last night. The vote was 59-to-57, with most Democrats supporting the bill and Republicans opposing it.
One final vote is required in the House before the bill can be sent to the governor.
The N.C. Senate narrowly approved the bill last month.
The bill's supporters argued last night that it is the best way to protect all children from being harassed at school. They said that school bullying is an increasingly serious problem, citing several high-profile cases from around the nation in which children committed suicide after being bullied.
Republicans objected to language in the bill that lists perceived characteristics that may make a student susceptible to bullying. The list includes race, religion, gender, disabilities and physical appearance, but the particular words that have generated controversy are "sexual orientation" and "gender identity." Gender identity is not defined in the bill but is generally thought of as distinct from a person's biological sex and usually refers to how a person defines himself or herself gender-wise.
The Republicans said that the bill should not single out any specific categories of students. They complained that much of the wording in the bill is vague or convoluted, and that it contains no mention of what the penalties should be for bullies.
They argued that codifying "sexual orientation" and "gender identity" in this bill could be used as a precedent in the future to extend more benefits to gays and lesbians.
"In order to introduce sexual preference into the statute, the sponsors of this bill have chosen to use children in the public education system," said state Rep. Dale Folwell, R-Forsyth and who is a former school-board member. "Republicans do not feel this way. Republicans feel that we are against bullying of anyone, at any time, at any place."
Republicans have tried to offer an alternative bill that would prohibit bullying of any child without naming any specific categories. Democrats, who hold majorities in both chambers of the legislature, have blocked attempts to get that bill heard.
Democrats said that anti-bullying policies are stronger when they list examples of traits that could lead to bullying. Explicitly naming the traits compels the adults in charge to take notice when a student is being bullied because the student is perceived as different, said state Rep. Rick Glazier, D-Cumberland.
"They make us all think about the kid who is different, the kid who is vulnerable," said Glazier, one of the bill's chief supporters in the House. "There isn't anybody in here who would have voted against a bill that had special classes of enumeration if it didn't have the word ‘sexual orientation' in it. We all know that. We can all talk about it. But that's really what the issue is tonight."
Christian conservatives have fought hard against the bill. Over the weekend, the Rev. Mark Creech, the executive director of the Christian Action League of North Carolina, sent an e-mail to his members urging them to work for the bill's defeat. Creech called the bill the result of "pro-homosexual influence and power" that could potentially lead to the legalization of same-sex marriage.
Democrats dispute that possibility. They point to a clause in the bill that says the bill cannot be used to create any protected class or preference beyond what already exists in state law.
All school districts in North Carolina are already required to have anti-bullying policies. But if this bill passes, school boards will have to ensure that their policies explicitly mention all of the characteristics listed in the bill.
The current anti-bullying policy for the Winston-Salem/Forsyth County school system defines verbal bullying, in part, as "derogatory, demeaning or hostile comments about another student's race, disability, ethnicity, or gender." The policy makes no mention of sexual orientation or gender identity.
State Rep. Earline Parmon, D-Forsyth and a former school administrator, said that she believes the wording in the bill sends a clear message to teachers and principals that they must protect all children.
"This has nothing to do with homosexuality, because if it did, my own prejudice may cause me some problems on supporting this bill -- I just have to be honest," Parmon said. "But what this bill does is protect all children."
■ James Romoser can be reached at 919-210-6794 or at jromoser@wsjournal.com.
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