California’s AB 2943 Smacks of Anti-Jewish Legislation in Hitler’s Germany
Op-ed by Mary Mack
Assembly Bill (AB) 2943 was introduced to California’s Legislature on February 16, 2018, as an act to amend Sections 1761 and 1770 of the Civil Code, relating to unlawful business practices. While ostensibly written to limit discrimination against certain business practices concerning sexual orientation change efforts, it effectively will make it illegal to buy or sell anything that promotes the view that homosexuality is an abnormal lifestyle choice. Violations of the law will be punishable under the Consumer Legal Remedies Act.
If AB 2943 becomes law, it will then be illegal to buy, sell, trade, or advertise any goods or services that oppose the homosexual lifestyle. This includes a statewide ban of religious texts (such as the Bible); radio, television, print, internet, and social media debates, blogs, posts, articles, and advertising that promotes a Christian viewpoint on homosexuality (such as the forum you are reading this on); Christian counseling services and pamphlets; Christian novels which uphold biblical values; Christian conferences like the Southern California Christian Writers Conference; and ultimately, the prohibition of all forms of Christian and Jewish religious expression, since our religions labels homosexuality a sin.
AB 2943, Section 1 (a) declares: “Contemporary science recognizes that being lesbian, gay, bisexual, or transgender is part of the natural spectrum of human identity and is not a disease, disorder, or illness.”
The “contemporary science” that AB 2943’s authors are relying upon is non-existent. According to Tia Ghose, senior writer for LiveScience, in a 2015 article titled “Being Gay Not a Choice: Science Contradicts Ben Carson,” there is not a shred of real scientific evidence to support the theory that homosexuality is a natural behavior. Ghose writes, “No studies have found specific “gay genes” that reliably make someone gay. But some genes may make being gay likelier.”
Scientific proofs do not use words like “may” and “likelier.” Use of those words reveal that a theory has not yet been proven; it is still merely a hypothesis. A scientific hypothesis is: “…an idea that proposes a tentative explanation about a phenomenon or a narrow set of phenomena observed in the natural world. The two primary features of a scientific hypothesis are falsifiability and testability, which are reflected in…the ability to be supported or refuted through observation and experimentation.” —Encyclopedia Britannica
In other words, a scientific hypothesis is an educated guess.
What AB 2943’s authors refer to as ‘science’ are studies currently being conducted in a desperate bid to make the facts fit the hypothesis—and that is not true science. The Scientific Method dictates that scientists 1) postulate a hypothesis, 2) test the theory, 3) analyze the results, and 4) either form an irrefutable scientific statement or propose a new hypothesis and continue testing. Whenever scientific testing proves a theory to be unsubstantiated, that theory must be abandoned. The Scientific Method never allows for bending the results to fit the hypothesis, or for abandoning the test results if they fail to support a theory that scientists desperately want to prove. That sort of unreasoned bias leads to very non-scientific methods. But perhaps that is what the authors of AB 2943 mean by “contemporary science”—the new non-science.
To support their “contemporary science” claims, the Bill’s authors presented a statement by the American Psychiatric Association (APA), published in March 2000, that urged medical practitioners to refrain from trying to correct homosexual behavior, citing the lack of scientific research proving any alleged benefits of conversion therapy. The APA also acknowledged the lack of evidence of any harm caused by homosexual conversion therapy, cautioning that “anecdotal reports of ‘cures’ are counterbalanced by anecdotal claims of psychological harm.”
The California Legislature wishes to impose the behavior of a small segment of society upon the entire state based upon an unproven hypothesis and anecdotal claims. They want to wipe out 6,000 years of religion because of wishful thinking and non-science.
We must test this Assembly Bill against the restrictions of the U.S. Constitution, in particular with regard to regulation of business and the free exercise of religion. Unfortunately, AB 2943 violates the basic tenets of the First and Fourteenth Amendments, which govern free speech and the free exercise of religion in the civil rights arena, and due process and equal protection in the arena of commerce and trade.
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
—First Amendment to the United States Constitution
AB 2943 clearly violates the First Amendment to the U.S. Constitution by prohibiting the free exercise of religion and curtailing the freedom of Christian/Jewish speech in California. What this Bill seeks to do is ban the sale of goods or services which support the view that homosexuality is a sin. Whether or not a state government agrees with the Christian/Jewish viewpoint, it