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Michigan's 'License To Bully' Bill: The Danger Of 'Moral' Exemptions

Posted: 11/ 9/2011 12:21 pm

Michigan Senate Republicans have taken what could have been a useful, and much-needed, anti-bullying bill and turned it into what amounts to a license to bully. Senate Bill 137, which passed 26 to 11 with zero Democratic votes, was meant to protect all students from bullying and harassment. Yet the bill, already weakened by the lack of enumerated classes to be protected, was further gutted by conservatives in the Senate, who slipped in dangerous "exemptions" that gives bullies free rein to harass other students.

In the mind of some GOP Michigan lawmakers, there are exemptions, and thereby logical excuses, for bullying. Those purposely vague exemptions give bullies, whether it be fellow students, teachers, school employees, or other parents, a legal out if their act of harassment on another young person was done because of "deep moral conviction" or "religious belief."

That's right: if a bully says they believe their harassment is "morally" valid, this bill agrees with them, and they are free to continue their behavior without consequence. These "moral and religious" exemptions seem squarely focused at allowing bullying against gay, lesbian, bisexual, and transgender students, who are at higher risk for harassment in schools and in need of strong legislative protections.

Senate Minority Leader Gretchen Whitmer (D-East Lansing) took to the floor of the Senate to voice her outrage at the amended language and the danger of the exemptions:

Here today you claim to be protecting kids and you're actually putting them in more danger. But bullying is not OK. We should be protecting public policy that protects kids, all kids, from bullies, all bullies. But instead you have set us back further by creating a blueprint for bullying.

Emily Dievendorf, policy director of Equality Michigan, was equally troubled by the language of the bill, both because of the exemptions and the lack of enumerated classes:

Shockingly, Senate Bill 137 will do more harm than good. Senate Republicans left our students behind in favor of partisan politics and passed a bill that actually allows more bullying. Students and parents expect lawmakers to lead the charge against bullying, but instead Republicans made ideology more important than school safety. Research clearly shows that only states with enumerated bills see a reduction in bullying. We need a bill that mentions the most affected populations and requires statewide reporting of bullying and harassment. SB 137 simply does nothing to reduce bullying in our schools.

As Dievendorf points out, beyond the broad exemptions that give license to bully, the lack of enumeration is also deeply troubling. An enumerated anti-bullying bill would specifically list classes of people that are most often targeted by bullies for reasons of race, creed, age, sex, religion, sexual orientation, or gender identity and gender expression, making for a much stronger and more evenly enforceable standard of anti-bullying protection for all schools across the state. Without specific enumerations and guidelines, it falls to the individual schools, principals, or teachers to decide what bullying is and if it is prohibited. That, combined with the broad exemptions, leaves many students unprotected and with no recourse when they are being bullied.

Perhaps one of the most disturbing parts of gutting and weakening of SB 137 is the fact that it is named "Matt's Safe School Law," after Matt Epling, a Michigan teen who killed himself as a result of extensive bullying. Kevin Epling, the East Lansing parent of Matt who has worked with lawmakers for years to developed anti-bullying legislation, was outraged by the gutting of the bill named after his son:

I am ashamed that this could be Michigan's bill on anti-bullying, when in fact it is a "bullying is OK in Michigan" law.

This is just unconscionable. This is government-sanctioned bigotry.

SB 137 now moves to the Republican-controlled House, where there are signs that the national attention and outrage over the "License to Bully" Bill seems to be pushing some of the Republicans in power to try to change the Senate bill. The spokesperson for Michigan Speaker of the House Jase Bolger (R-Marshall) says the bill passed by the state senate is "not what the final law will look like." Pushed further over the weekend, the spokesperson said the the Speaker opposes the religious exemption contained in SB 137 and that House Republicans are working to develop a "consensus" bill that would address many concerns the Senate bill has raised to be taken up as soon as this week.

Advocates for a stronger anti-bullying bill are continuing to push hard for a better bill. Equality Michigan's Emily Dievendorf used the Speaker of the House's statements to call for a more inclusive bill:

The Senate Republicans took an already ineffective bill and made it an abusive bill that justifies bullying against our students. While the national spotlight is on the neglectful actions of the Senate Republicans, House Republicans can pass the strong, comprehensive, enumerated bill Governor Snyder references when he recommends Michigan legislators model this legislation after the State Board of Education policy. Oregon wasted ten years following a policy that accomplished almost nothing before it took responsibility for Oregon kids and passed the effective enumerated language Michigan advocates are requesting. Michigan has the data and case studies to do what is right for our students the first time. The nation is watching.

The nation is indeed watching. With bullying and teen suicides getting the important media attention it deserves after the rash of high-profile cases in recent years, Americans know that this epidemic needs strong legislation and action to combat it.

There is no excuse, nor special exemption, for harassment and bullying. All young people deserve a safe space to learn, thrive and grow.

Petition the Michigan House to pass a better bill here.

 

Follow Waymon Hudson on Twitter: www.twitter.com/WaymonHudson

Michigan Senate Republicans have taken what could have been a useful, and much-needed, anti-bullying bill and turned it into what amounts to a license to bully. Senate Bill 137, which passed 26 to ...
Michigan Senate Republicans have taken what could have been a useful, and much-needed, anti-bullying bill and turned it into what amounts to a license to bully. Senate Bill 137, which passed 26 to ...
 
 
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HUFFPOST SUPER USER
Mimi Rothschild
CEO, Learning By Grace, Inc.
01:11 PM on 11/30/2011
"There is no excuse, nor special exemption, for harassment and bullying. All young people deserve a safe space to learn, thrive and grow."

1000% Agree. STOP CYBERBULLYING through strong legilslation and enforcement. Put the bullies in jail.

Mimi Rothshcild
CEO, Learning By Grace, Inc.
http://cyberbullying.learningbygrace.org/
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HUFFPOST SUPER USER
rockysparks
there's no law against being annoying.
06:51 PM on 11/15/2011
Religioius homophobes: CINOs*

*Christians in Name Only
This user has chosen to opt out of the Badges program
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ChaCubed
Fabulously Liberal
02:59 PM on 11/12/2011
Yep, typical, typical, typical: the rules don't apply to us. They don't? Nope. Oh, okay, here's your exemption.
This user has chosen to opt out of the Badges program
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ChaCubed
Fabulously Liberal
02:55 PM on 11/12/2011
We have GOT to stop writing legislation allowing religious beliefs to be above the law.
This user has chosen to opt out of the Badges program
03:49 PM on 11/11/2011
Asher Brown was a13 year old boy who took his own life in Texas.if we could make a law that spreading rumors illegal,we could stop a lot of bullying before it begins.the law would need to state
exactly what is considered spreading rumors or people would find loopholes.Bullying affects many
people in meany different ways.by creating stronger laws and enforcing them,we can put a stop
to Bullying.
03:04 PM on 11/11/2011
The Michigan legislature is completely out of their minds, and they need to be incarcerated and given a full frontal lobotomy after 30 days spent in prison with inmates who have religious and deep moral convictions to their existence.
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HUFFPOST SUPER USER
Robbert Bricker
i'm not a slave to a god that doesn't exist.
02:39 PM on 11/11/2011
this little additive could end up being a pandora's box. if students of non-christian religions decide to gang up on christian students, i'm wondering how everyone, who is for this bill as is, will feel if the tables turn and these christian students start becoming the target and begin committing suicide? the problem is, many- not all- but many christians seem to think they are the only ones in this world that matter. that other religions do not deserve equality. i'm telling you, once this turn of the table begins, it will be one ugly scene.
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ChaCubed
Fabulously Liberal
02:56 PM on 11/12/2011
No worries: all they have to do is say they are acting on a deeply held moral conviction.
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HUFFPOST SUPER USER
Jessica Marian
see ya, space cowboy
11:34 AM on 11/11/2011
I have one thing to say, Tempest Smith. If you don't know who she is Google it. Tempest was a victim of cross religious bullying in Lincoln Park Michigan who committed suicide, and this exemption is a slap in the face to Tempest and all the other poor spirits who have suffered at the hands of the majority religion for being different. Feel free to have "deep moral beliefs" all you like, but that does not mean that YOUR kids get to beat MY kids over the head with a bible.
08:58 PM on 11/10/2011
Wayman, as Matt's father Kevin, please correct your post as Matt was not gay nor was his assault "extensive anti-gay bullying"
I have noted on several web sites that this mis-information is getting picked up and has now become "fact" when no media agency has bothered to double check with his family. After being disrespected by our own Senate whom I have worked with for years for the safety of children across Michigan, I do not feel that Matt or our family should be subject to lack of fact checking. Please post a correction asap.
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HUFFPOST SUPER USER
Joel Mendez
actual atheist reverend
10:03 PM on 11/10/2011
for what they are worth, sir: my condolences on the loss of your son.
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HUFFPOST BLOGGER
Waymon Hudson
Activist, Blogger, & Political Troublemaker.
01:33 PM on 11/14/2011
First, thank you so much for the work you've been doing. Second, I've corrected the post to reflect your request. Sorry about picking up the wrong information and thanks again for all you are doing!
08:10 PM on 11/10/2011
I am only 13 and I don't want this to happen! I will have to go through high school knowing i could be bullied at an second! I will live in fear! I am furious! I have been bullied, and my friends have been bullied too! I REFUSE to let that happen to anyone! bullying leads the victims of it to suicide! Many have killed themselves because of bullies, how do you think their parents feel about this!!! This bill is just like killing a victim.
HUFFPOST SUPER USER
Vinnie Terranova
Enjoying month 26 of Recovery Summer 2010
08:52 PM on 11/10/2011
Really? A bill recognizing the primacy of Freedom of Speech and Religion is "just like killing a victim?"
10:44 PM on 11/10/2011
Vinnie, there's an old adage: Your rights end where my body begins. In other words, the second that you hit me, you lose your rights--because you'll wind up in jail or 6 feet under because I will defend myself and if it means killing you, so be it. Do you get it now?

There is NO constitutionally guaranteed right to call someone names and there is most assuredly NO constitutional right to bully someone, regardless of your "intent." And for you (or anyone else) to hide behind "religious freedom" to defend bullying is to defend someone else's right to kill others in the name of religion. And the last time I checked, a lot of these people most adamant against putting an end to bullying because of "religious freedom" are the first to condemn Muslims as being murderers and terrorists. Yet, what difference is there in a terrorist who blows up a building in the "name of Islam" and a kid who justifies bullying gay teens by using Bible passages? I'd say there's none.
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HUFFPOST SUPER USER
wltdnfaded
09:57 AM on 11/13/2011
Vinnie, you have already established that if you believe a child is gay, you should have free reign to destroy that child from the inside out. There, you said it, we know, ok? Thanks for clarifying that the only way you feel powerful is picking on a kid.
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HUFFPOST SUPER USER
Joel Mendez
actual atheist reverend
10:14 PM on 11/10/2011
i would tell you this, mg: no matter what you've been taught at home or in school, you are the wonderful product of millions of years of natural selection- you are a member of the dominant species on this planet-we have survived drought, famine, pestilence, you name it, we've been through it. you are meant to survive-you were bred to survive. it will seldom be easy, it will often be painful. and it doesn't always 'get better'-at least not in ways that would comfort you right now. but again, you are a human being, and we stick together. find an atheist, find a humanist, even a unitarian universalist, and we'll be there to help, even if your parents can't or won't-that's what we do. and our bench is deep.

bring your 'A' game, kid.
11:54 AM on 11/10/2011
These people feel that morality is a relative thing. Apply it where you want, disregard it when it suits you. Under these conditions, anything is possible.
HUFFPOST SUPER USER
Vinnie Terranova
Enjoying month 26 of Recovery Summer 2010
10:29 PM on 11/10/2011
Interesting sentiment from the crew that uses public funds to desecrate other people's religious iconography with obscene images and contends that the First Amendment compels it.
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HUFFPOST SUPER USER
Robbert Bricker
i'm not a slave to a god that doesn't exist.
02:36 PM on 11/11/2011
oh vinnie, come now. you are being so overly dramatic. if you are a christian, why would you be trying to appear a victim? haven't you already made your seat in heaven? and didn't jesus instruct you to disregard those that persecute you? and he even went further to say that you should rejoice in your persecution as it is your riches in heaven. if you really feel christians are the victims, then you should be praising god, hands lifted and tongue flapping.
10:20 AM on 11/10/2011
You know who had "deep moral convictions" and "religious belief", Nazis.
HUFFPOST SUPER USER
Vinnie Terranova
Enjoying month 26 of Recovery Summer 2010
09:00 PM on 11/10/2011
What, precisely, was the official Nazi religion?
10:48 PM on 11/10/2011
Christianity, mixed with old Germanic religious myths. (You could almost think of it as German voodoo. Haiti is officially a Roman Catholic country but most of the people also blend in old African religious traditions into what we commonly refer to as voodoo.)
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HUFFPOST SUPER USER
Robbert Bricker
i'm not a slave to a god that doesn't exist.
09:30 AM on 11/10/2011
hmm? so if a bunch of non-christian kids start harassing the christian kids on grounds of morality... it will be ok? hmm? curious to see how that would play out.
HUFFPOST SUPER USER
Vinnie Terranova
Enjoying month 26 of Recovery Summer 2010
09:01 PM on 11/10/2011
That's already OK. Mocking Christianity is sort of de rigueur, in public schools nowadays.
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HUFFPOST SUPER USER
Robbert Bricker
i'm not a slave to a god that doesn't exist.
10:13 PM on 11/10/2011
uh... what alternate universe are you living in? haven;t heard of any christian kids offing themselves due to kids of another religion constantly attacking them. why is that so many christians like to play the victim? egad.
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HUFFPOST SUPER USER
Joel Mendez
actual atheist reverend
10:19 PM on 11/10/2011
oh woe to the xtians! you don't even have a say in government! oh wait....mocking xtianity, kind, yet uninformed sir, is de rigueur, not in public schools, but anywhere where there is a rational human being.

if you don't want your beliefs mocked, don't have such funny beliefs.
08:49 AM on 11/10/2011
Just called the Governor's office about section 8 (of SB 137, which contains the hateful language) and asked what the Governor's position is. I was told that "the Governor doesn't take a position on legislation until it reaches his desk." I said that made sense in many cases, but what about hate speech - surely the Governor able to take a position on that. According to his representative, no, he cannot.
01:47 AM on 11/10/2011
Here's what the Republicans added to the bill:

“This section does not prohibit a statement of a sincerely held religious belief or moral conviction of a school employee, school volunteer, pupil, or a pupil and parent or guardian.”

Just posting that because to me it seemed silly to write up this whole thing and omit the thing you were actually writing about.
HUFFPOST SUPER USER
cdncommentator
10:31 AM on 11/10/2011
Clearly the language is targeted at permitting derogatory comments to be made to queer students not only by their peers, but by teachers and school volunteers as well.

They might as well have not passed any legislation.
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HUFFPOST SUPER USER
Joel Mendez
actual atheist reverend
10:20 PM on 11/10/2011
on the contrary, where before there was no protection for hate-speech or harassment, now there is.