Michigan has passed a bill in its state senate saying it’s okay to torment and bully anyone who is gay. All you have to do is say that you are sincerely stating your beliefs.

In the video below, democrat Senator Gretchen Whitmer speaks out against the bill being passed.

You can read the bill here. You can read it in pdf form here. The key part is on page 5 line 25:

“This section does not abridge the rights under the First Amendment of the constitution of the United States or under article I of the state constitution of 1963 of a school employee, school volunteer, pupil, or a pupil’s parent or guardian. 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’s parent or guardian.”

This means that, if I hold a religious belief that you are a worthless human being, less than human, and gay, I can repeat these things ad nauseum until you kill yourself.

Also in the bill, there is a section that says that, while free speech is protected, there is a limit if the bullying results in harm.

“BULLYING” MEANS ANY WRITTEN, VERBAL, OR PHYSICAL ACT, OR ANY ELECTRONIC COMMUNICATION, BY A PUPIL DIRECTED AT 1 OR MORE OTHER PUPILS THAT IS INTENDED OR THAT A REASONABLE PERSON WOULD KNOW IS LIKELY TO HARM 1 OR MORE PUPILS EITHER DIRECTLY OR INDIRECTLY BY DOING ANY OF THE FOLLOWING:

(i) SUBSTANTIALLY INTERFERING WITH EDUCATIONAL OPPORTUNITIES, BENEFITS, OR PROGRAMS OF 1 OR MORE PUPILS.

(ii) SUBSTANTIALLY AND ADVERSELY AFFECTING THE ABILITY OF A PUPIL TO PARTICIPATE IN OR BENEFIT FROM THE SCHOOL DISTRICT’S OR PUBLIC SCHOOL’S EDUCATIONAL PROGRAMS OR ACTIVITIES BY PLACING THE PUPIL IN REASONABLE FEAR OF PHYSICAL HARM.

(iii) HAVING AN ACTUAL AND SUBSTANTIAL DETRIMENTAL EFFECT ON A PUPIL’S PHYSICAL OR MENTAL HEALTH OR CAUSING SUBSTANTIAL EMOTIONAL DISTRESS.

(iv) CAUSING SUBSTANTIAL DISRUPTION IN, OR SUBSTANTIAL INTERFERENCE WITH, THE ORDERLY OPERATION OF THE SCHOOL.

The problems arise because the bill hasn’t outlined how and when bullying crosses the lines. There is a fine line between freedom of speech and breaking the law. If this bill passes in the state’s House, it will be interesting to see how the courts will interpret the new law once it is challenged.

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