Surrounded
North Carolina's Neighbors Light the Way with Good Laws

Family North Carolina Magazine—Fall 2009

By Will Kang

The North Carolina General Assembly’s 2009 legislative session was generally not friendly to families. Legislators approved a change to the state’s sexuality education program that adds a contraceptive-centric message to the previous abstinence until marriage standard that had been in place over a decade. They also incorporated the terms “sexual orientation” and “gender identity” into the state’s statutes for the first time. Most importantly, the General Assembly failed to act on the State Marriage Amendment for the sixth straight year. Pro-life bills such as conscience protections for healthcare workers and providers, informed consent, and “choose life” license plates also saw no action. Despite specific requests from President Obama and U.S. Education Secretary Arne Duncan to raise or remove it, the state still has a charter school cap.

While North Carolina is doing little to protect the family, good things are happening legislatively in her neighboring Southern states. Neighbors of the Old North State have taken legislative steps to ensure that traditional family values have a future there. The following list of family-friendly bills have all been approved and signed into law in other states. Many of these same issues were included in bills that were introduced this past session in the North Carolina General Assembly, but failed to receive consideration or pass.

LIFE
Arkansas
HB1113—The Partial-Birth Abortion Ban Act
What it does: This bill banning partial-birth abortion, a procedure that aborts a child during induced labor at a very late stage of pregnancy, was written exactly like its federal counterpart, which the Supreme Court upheld in 2007.¹
Why it’s important: According to Arkansas Family Council policy analyst Josh Mesker, “Of course, any bill that furthers the pro-life cause is welcome, and now Arkansas can be added to the growing list of states that have banned partial-birth abortions.”²

South Carolina
HB3355—Informed Choice Act
What it does: This bill requires ultrasounds to be offered to all women who come to an abortion doctor and, if accepted, performed at least one hour before any procedure.³
Why it’s important: Studies indicate that approximately 80 percent of women change their minds about having an abortion after seeing an ultrasound picture of their unborn child.⁴ However, prior to this legislation, few women were provided access to the ultrasounds because the law did not require access.⁵ This bill gives women a chance to make a truly informed choice and strengthens the rights of the unborn.

Tennessee
SJR 0127—Amendment to State Constitution
What it does: This amendment adds a new provision to Article I of the state constitution providing that nothing in the Constitution of Tennessee secures or protects a right to abortion, or requires the funding of an abortion. It also states that the people retain the right through their elected state representatives and state senators to enact, amend, or repeal statutes regarding abortion, including, but not limited to, circumstances of pregnancy resulting from rape or incest, or when necessary to save the life of the mother.⁶
Why it’s important: In 2000, the Tennessee Supreme Court “found” a right to abortion in the state constitution and determined that any legislation related to abortion be subject to strict scrutiny, the highest level of judicial review. This gave greater protection to abortion than is required under the U.S. Constitution. This amendment would once again make the state constitution neutral on the issue of abortion, and give the legislature greater ability to enact abortion policy.⁷

Virginia
SB 817—Choose Life License Plate
What it does: This bill adds a “Choose Life” license plate to the list of plates Virginians can pick. Proceeds from these plates are directed to pregnancy resource centers.⁸
Why it’s important: Pro-life Virginians can now voluntarily choose to express their support for life while driving and, importantly, pregnancy resource centers gain another source of funding.

EDUCATION
Tennessee
SB 2133/HB 2146—Charter School Access Expansion
What it does: This bill expands the definition of chartering authority to include the state board of education, provides for open enrollment charter schools, and lifts the caps on the number of charter schools.⁹
Why it’s important: This bill provides another avenue for charter schools to seek state approval and is expected to contribute to an increase in the number of new charter schools opening in Tennessee. By allowing more charter schools, parents are given more choice regarding the education of their children.¹⁰

Georgia
HB 881—Georgia Charter School Bill
What it does: This bill creates a state-level charter school commission to provide charter schools with an alternate approval process in the event that the school is rejected at the local level. The bill also provides for more equitable funding of charter schools relative to their traditional public school counterparts.¹¹
Why it’s important: This equalizes treatment of Georgia’s two forms of public education. It gives parents more options in educating their children. The previous method of charter school approval has been analogized to asking a Burger King to approve the building of a new McDonald’s across the street.¹²

HB 1980—Family Life Education; Parental Notification
What it does: This bill requires schools to inform parents of the content of Family Life Education, including a curriculum summary and instructions on how to review full content.¹³
Why it’s important: Schools are now required to allow parents to review what their children learn regarding family living, sexuality, pregnancy, abstinence, sexually transmitted diseases, dating violence, and mental health education.

MARRIAGE
South Carolina
HB 3063—Ratification of the Marriage Amendment
What it does: This bill ratified the amendment to the state constitution defining marriage as a legal relationship between one man and one woman.¹⁴
Why it’s important: Forced recognition of same-sex “marriage” by activist judges is a growing threat to states without constitutional protection. An amendment to the state constitution prevents this judicial activism and protects traditional marriage.

Virginia
HB 1746/SB 827—Family Life Education; Benefits of Marriage
What it does: This bill adds information about the benefits, value, challenges and responsibilities of marriage to the Family Life Education curriculum.¹⁵
Why it’s important: Respect for and realistic expectations about marriage must be reinforced not only at home, but also at school to encourage young people to make wise and healthy decisions about relationships.

FREEDOM OF RELIGION/EXPRESSION
South Carolina
SB 638—Defense of Public Prayer
What it does: This bill, the first of its kind in the country, effectively allows prayer invoking the name and favor of Jesus Christ to be offered before public gatherings including governmental proceedings.¹⁶
Why it’s important: While communities must respect the rights of all faiths, this bill prevents discrimination against the Christian faith in the public arena.

HB 3159—The 10 Commandments
What it does: This bill protects the rights of individuals, civic organizations and governments to display documents foundational to Western civilization and American democracy, among which are the 10 Commandments.¹⁷
Why it’s important: Groups like the ACLU continually seek to revise history and wipe out any mention of Christian values, ideas and documents important to the foundation of this country. This bill protects free speech and acknowledges the origins of American democracy.¹⁸

Tennessee
SB 1283/ HB 1598—Religious Freedom Restoration Act
What it does: This bill prohibits a government entity from substantially burdening a person’s free exercise of religion unless it can demonstrate that the burden is essential to further a compelling government interest and is the least restrictive means of furthering that interest.¹⁹
Why it’s important: By subjecting any burden to exercise of religion to strict scrutiny, religious freedom, as granted under the First Amendment, is protected.²⁰

ADOPTION
Arkansas
HB 2099—An Act to Improve Adoption Procedures in Arkansas
What it does: This bill helps the state identify agencies, individual lawyers or physicians who may be working with birth mothers to place babies with parents otherwise prohibited by law from adopting through “private” adoption processes. Fees for these “private” adoptions can be as high as $50,000.²¹
Why it’s important: Currently, the state has little means of enforcing the recently-passed Act One, which prohibits adoption by couples who live together out of wedlock. This bill will help prevent “private” adoptions from being arranged for unmarried couples as a means of evading Act One.²²

Georgia
HB 388—Option of Adoption Act
What it does: This bill allows for embryos that are currently in cryopreservation to be equally available for adoption as born children.²³
Why it’s important: This bill provides an alternative option to merely saving or destroying so-called “excess” embryos that are created during in vitro fertilization treatments or other procedures by allowing these children to be adopted. It humanizes the embryonic human at a time when embryonic stem cell research, which destroys these unwanted children for the purposes of scientific research, is being promoted at the federal level.²⁴

Conclusion
North Carolina was once a leader in pro-family legislation. Several federal laws were patterned after North Carolina’s laws, most notably the Abstinence-Until-Marriage law. Unfortunately, the current leaders of the General Assembly have not allowed many pro-family bills to see the light of day, dooming them to die in obscurity.

While this state may no longer be the innovator it once was, surrounding states have risen to the occasion by passing good laws that protect the family. Unless North Carolina wishes to be left behind, the leadership on Jones Street should look to our neighbors’ examples.

Endnotes
1 Email Correspondence, Josh Mesker.

2 Email Correspondence, Josh Mesker.

3 “A Report on the Activity & Activity in the 2007–2008 Legislative Session,” Palmetto Family Alliance.

4 “A Report on the Activity & Activity in the 2007–2008 Legislative Session,” Palmetto Family Alliance.

5 “A Report on the Activity & Activity in the 2007–2008 Legislative Session,” Palmetto Family Alliance.

6 “Status of Family Bills in Tennessee,” Family Action Council of Tennessee, http://www.factn.org/legislation.htm.

7 “Status of Family Bills in Tennessee,” Family Action Council of Tennessee, http://www.factn.org/legislation.htm.

8 “2009 Wins and Losses: Pro-Family Legislation Passed & Anti-Family Legislation Defeated,” The Family Foundation.

9 “Status of Family Bills in Tennessee,” Family Action Council of Tennessee, http://www.factn.org/legislation.htm.

10 “Status of Family Bills in Tennessee,” Family Action Council of Tennessee, http://www.factn.org/legislation.htm.

11 “Legislative Update,” Georgia Policy Council’s Center for Policy Studies, http://www.georgiafamily.org/publication.aspx?a=518.

12 “Legislative Update,” Georgia Policy Council’s Center for Policy Studies, http://www.georgiafamily.org/publication.aspx?a=518.

13 “Legislative Update,” Georgia Policy Council’s Center for Policy Studies, http://www.georgiafamily.org/publication.aspx?a=518.

14 “A Report on the Activity & Activity in the 2007–2008 Legislative Session,” Palmetto Family Alliance.

15 “2009 Wins and Losses: Pro-Family Legislation Passed & Anti-Family Legislation Defeated,” The Family Foundation.

16 “A Report on the Activity & Activity in the 2007–2008 Legislative Session,” Palmetto Family Alliance.

17 “A Report on the Activity & Activity in the 2007–2008 Legislative Session,” Palmetto Family Alliance.

18 “Legislative Update,” Georgia Policy Council’s Center for Policy Studies, http://www.georgiafamily.org/publication.aspx?a=518.

19 “Status of Family Bills in Tennessee,” Family Action Council of Tennessee, http://www.factn.org/legislation.htm.

20 “Status of Family Bills in Tennessee,” Family Action Council of Tennessee, http://www.factn.org/legislation.htm.

21 Email Correspondence, Josh Mesker.

22 Email Correspondence, Josh Mesker.

23 “Legislative Update,” Georgia Policy Council’s Center for Policy Studies, http://www.georgiafamily.org/publication.aspx?a=518.

24 “Legislative Update,” Georgia Policy Council’s Center for Policy Studies, http://www.georgiafamily.org/publication.aspx?a=518.