CALawMama's Blog

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Experiences at the interface of life, law, and motherhood in Cali

June 25, 2015 Speech

“A statistically insignificant chance of an adverse reaction to a vaccination may not ultimately shift public health policy underlying its use, but it means everything to the parents whose child is injured.” 90 Ky. L.J. 888

It may be unsurprising to those of you gathered here today to know that this quotation was taken from the Law Journal cited to in the Assembly Health Committee analysis. It may be further unsurprising that the nature of the article was misrepresented to serve the pro-SB 277 Agenda.

However, I hope that by this point we have made it clear, we will leave no misrepresentation unaddressed. We will leave no fact unchecked, especially when it comes to misrepresentations about the constitution and the law.

For example,— INSERT KIMBERLY STORY—separate post forthcoming

I’m so sorry I couldn’t be there with you today, but as we all know, it’s so hard to fight injustice while also having other work responsibilities AND being a full time homeschool mom of four children. I know you all understand, because you all are doing it too. But lucky for us, we have reinforcements, and our movement never sleeps. Thank you all for making the arduous trip. Everyone in attendance, and those of us who could not make it are so grateful!

We are together here today to decry the injustice that is taking place before our very eyes here in California.

I am a proud California native. My great grandparents emigrated here from Spain at the beginning of the 20th century, and opened the first Spanish American grocery store on University Avenue in Berkeley in the 1920s. My grandfather, who fought in WWII, served our great country as a member of the Army, the Coast Guard, AND the Navy, for which he was stationed in Alameda. I love California, and I love America, which is why I am so deeply committed to eviscerating SB 277.

Speaking of the military, BY THE WAY, California is home to some 40 military bases. Mothers and fathers routinely VOLUNTEER to go out into the world and risk their lives to FIGHT for our FREEDOMS. Those who are unfortunate enough to be based in California, will lose their constitutional rights under the privileges & immunities clause if this bill becomes law. The will lose their RIGHT to exercise choice over their own children’s medical care, the right protected in all 46 other states in this country, if SB 277 passes. Military families are NOT OK with this. NONE of us are OK with this. Because it is NOT OK.

Legislatures argue that TWO other states have no personal belief exceptions, therefore they are justified in passing SB 277. Well guess what? South Carolina flies the confederate flag over its Capitol building. Just because other states do things differently does not mean it is a GOOD idea.

But going back to the Privileges & Immunities clause, this is just one area of the law protected by our United States Constitution that the California State Legislature has decided to toss into the garbage.

Any legislature who would toss out our constitutionally protected rights in the name of political expediency does not DESERVE the PRIVILEGE of SERVING as an elected official. There are plenty of honest Americans out there who would do a better job. In fact, I would go so far as to assert that unpaid volunteers could do a better job of running the California Government than some of these representatives. At least in that case you know there is no financial conflict of interest!

In the course of SB 277’s history, the authors of SB 277 have a long and sordid history of misrepresenting and misconstruing the nature of the law on their side. The law is on OUR SIDE.

In fact, the Senate Judiciary Analysis, cited to Professor Chemerinsky’s Book, Constitutional Law Principles and Policies (2011) 4th Edition, p. 830-831, for the scholar’s purported belief that the Supreme Court did not GO FAR ENOUGH in emphasizing the utter importance of choices relating to the child’s education and protecting against unneeded institutionalism– which the analysis stated was a “massive curtailment of liberty.”

Our parental rights are protected by the Supreme Court. Our children’s’ rights to a free public education are protected by the US Supreme Court AND the California Supreme Court. The right to INFORMED CONSENT and the FUNDAMENTAL RIGHT to REFUSE MEDICAL PROCEDURES are PROTECTED by the US Supreme Court AND the California Supreme Court. Our children CANNOT be kept out of the classroom in the name of baseless mythologies and irrational fear, AS STATED by the US Supreme Court AND the Ninth Circuit Court of Appeals.
Make no mistake about it, the law is on our side, and just because our “representatives” choose to ignore the law, it does not cease to exist. The words that are printed in black and white in the case law books will not disappear. Justice will persevere, whether that takes place within the walls the Capitol Building, or within the walls of the United States Supreme Court. Thank you!

 

ETA: I have seen the text from this speech posted on websites affiliated with opposition to SB 277. Some of these sites are fundraising for legal challenges. I am in no way shape or form affiliated with such fundraising efforts. For clarification, I can be reached by email at calawmama@gmail.com Thank you!

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