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Published: Thu, 17 Sep 2009
Description: State under fire for mandatory gay-friendly courses at elementary schools
Automatically Generated Transcript (may not be 100% accurate)
" They stand what is -- Bill O'Reilly in Kelly file segment time -- a -- public school controversy in Alameda County that's the Oakland California area. Elementary schools -- teaching gay friendly courses and will not allow students opt out. Causing major angst with some parents here now attorney and Fox News anchor Megyn Kelly even in kindergarten. -- well -- what is the course -- it what did it teach."
" It's basically an anti harassment anti bullying course that was mandated by state law the course itself wasn't mandated just to. Provide policies that prevent against harassment and discrimination is -- again I understand -- That's a good thing right it's a very good thing it's not just for gays and lesbians but. Minorities religions and so on overweight children shall -- bad complexion anybody difference gonna get picked on however the problem here is that when the school implemented this policy. It be the class. Only speaks to protecting against discrimination against gays and lesbians it doesn't speak to -- only -- one -- lasts a semester yes it is that's that's true right but that -- controversy arose because parents are allowed to -- their children out of it and -- some. Who have a religion and religious objection. Two gay and lesbian my analogy lifestyles in that's considered a fellow gay gay and lesbian exposition in -- sense that if you are a religious person."
" You don't launch. Someone telling your child. That it's okay to be -- it's as simple as that right."
" But the school has come back and said that's not what we're saying we're saying but it really is -- use and I saw the curriculum well I looked at me look it there's really what they're -- they get older it gets more customers that K you know great Gary K kindergarten. This is of a -- that can -- they learned. Name calling exclude hurtful teasing different similar comfortable it's really noncontroversial. By the time they get here this the proper tango but it's how they get -- that he gets grade three -- four. Then they have to read this book which that's about gay penguins. As if that's for inflatable. Let's that the thing is it all comes down legally to this is just a health education class or isn't it if it's -- Ed. They have to be given the right tapped out to parents do right it is not health said they don't have to be given that knew Kelly think it's indoctrination."
" Now you don't know how so it's not -- children to accept."
" Homosexuality. -- I really don't although -- having said that that's my blanket position. I don't know who's teaching these courses. I don't know the school district I don't know if the people -- agenda now what they're gonna -- as we said before if you send your child to public school public school overrides the parental rights but but I do think that anti harassment anti bullying. When it comes to gays and -- absolutely -- his -- is important and we have reduced with a blanket over."
" Everybody -- and they need to solve the problem all right we will follow if we had a terrible story and San Francisco we have three people father to sons gunned down. All right the killer in illegal. Aliens -- there the victim's right -- the belongings that. The legal -- killed them had been in trouble big trouble before as a minor in San Francisco. Areas drops San Francisco authorities -- Sanctuary City wouldn't turn -- over and ice to be deported. It kept them in the city they kept him on the street so we -- story. Now the family -- Bologna family Suze what's happening. It's their losing."
" The headline of the latest articles read as though they're winning it's that's not right they're losing. As I predicted they would my heart goes out to the Stanley and I have nothing but empathy for -- and I do believe the city -- San Cisco has blood on its hands. Having -- all that as a legal matter. She's not gonna win. The problem is you can't sue a city for its policies. Unless those policies were specifically foreseeable -- resulting to the exact injury did this exactly does that happen here."
" So that's obviously I think injury but look I think I had made to the rest are you -- good -- judge all right good a judge Kelly here I'm represented belongings I come and I said listen judge. We have here is a city that broke the law then. The city San Cisco broke the law degree we can prove that right. And we have a city that was negligent in protecting the Bologna is because they -- a violent man back out on the street. So we have broke the law San Francisco put a violent man on the street negligent. And you're telling me I can't -- a loss."
" Because it all goes back to the city's policy its Sanctuary City policy. And courts upheld not just in California but in many jurisdictions that you cannot sue the city -- policies the city has actually even a good policy is illegal. Yes well that's the phrase is a -- under the -- about whether it is no anyway I -- listen you and I agree on that I'd argue with you -- I agree with you. But there is a dispute and and that the problem is we don't want in states across this country. People who are upset with city or state policies to be able to sue I have it in half -- but this is a very specific case now where is the case that still -- here's what happened they sued in federal court right alleging constitutional claims -- state claims that. That the federal court just dumped the constitutional claims and so it no longer has jurisdiction over the state claims it's taking those back down the state court trust me when the state court takes a look at this. It's gonna -- cases in California State court now still underway now. But they lost a federal beef. The laws clearly on the city's site all right Megyn -- everybody -- always --"
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