Spanking Debate Reopened by California State Legislator

A California lawmaker, Assemblywoman Sally Lieber a Democrat from Mountain View, has re-triggered a national debate with her proposal to criminalize the spanking of children. In the face of national criticism and opposition to her legislation, she has withdrawn her original legislation. Instead, Assemblywoman Lieber is offering a measure that would prohibit adults from hitting children with a closed fist, electrical cord, shoes or other objects.

Assemblywoman Lieber has stated that she is very passionate about banning physical abuse. But a groundswell of opposition has resulted in her collegues advising her that the bill would not float. This disappointed Lieber how is said to have stated that as a result California would continue to allow parents, caregivers, whoever to spank with an open hand on the buttocks even if injury resulted to the child.

Assemblywoman Lieber's original plan would have allowed a judge to reach the same conclusion about spanking as would be reached by spanking with an object. This was an object of concern for the California Council of Families according to, the president of the CCF.

The CCF's concern is that under the original bill, parental discipline is treated the same as child abuse. The bill read that "if the infliction of physical pain or mental suffering occurred as a result of any of the following, then there is a rebuttable presumption that the physical pain or mental suffering is unjustifiable..." Objects such as sticks, rods or switches where to be treated as criminal instruments the same as clearly abusive instruments such as an electrical and extension cords.

Randy Thomasson is said to have stated that it would just be a matter of time before moms and dads would be arrested and cuffed for trying to discipline a youngster. Randy Thomasson said that "Some parents spank, and some parents don't. AB755 threatens the right of parents who spank with an open hand, and openly criminalizes good parents, mostly mothers, who use a little stick or switch or paddle to correct willful, defiant misbehavior of their own children," accorded the the San Diego Union Tribune.

By creating a rebuttable presumption, the legislation would require parents to defend themselves in court for lawful actions. Many parents could not afford this, thus creating another avenue for the various child protective services to invade and disrupt families. Many families across the nation have already been disrupted by state action instigated by rumor an innuendo. The California agencies are already stretched thin and would be strained even further should the legislation had been enacted according to Brad Dacus of the Pacific Justice Institute. Brad Dacus said that it was just another effort to expand the reach of government. "Even without this proposed new law, California gives such wide latitude to Child Protective Services that decent parents often get falsely charged with child abuse," Dacus said. "How much more if the state tries to outlaw all corporal punishment on young children?" reports World Net Daily.

Assemblywoman Sally Lieber has submitted another piece of legislation in her efforts to clarify where the line is between parental disciple and child abuse. Assemblywoman Lieber has introduced a more narrow bill that would aid district attorneys more easily prosecute parents who cross the line from punishment into physical abuse. The new bill faces heavy scrutiny. Conservatives have already been heard as saying the idea is no better than her previous bill. Many question whether she has the background and/or experience for such legislation as she has no children. Assemblywoman Lieber has even been the subject of a "Saturday Night Live" parody.

Corporal punishment has been a background part of the battle between liberals and conservatives in their fight over government involvement in the private lives of citizens. Liberals take the position that it is governments responsibility to protect ALL citizens. Conservatives believe that government is already too intrusive into the private lives of citizens. Conservatives argue that it is a parental right and point to the differences between the WWII's "Greatest Generation" and Gen X's -"The Generation that has never been Spanked." Although California is often at the cutting edge of social change that later becomes societal norms, it is also just the subject ridicule for some of its more extreme social experiments. At one point in the battle over corporal punishment, some conservative states even considered enacting legislation to protect parents "god-given" right to raise their children as they saw fit. After all conservatives have said, the Bible says "spare the rod, spoil the child."

References
Davis, A.C. (2007 Feb 23). California lawmaker drops unpopular effort to ban spanking, offers new bill to prevent abuse. San Diego Union Tribune. Retrieved from http://www.signonsandiego.com/news/state/20070223-0236-spankingbill.html

(2007 Feb 23). California plan would criminalize spanking - Parents who use a careful swat classed the same as child abusers. World Net Daily. Retrieved from http://www.wnd.com/news/article.asp?ARTICLE_ID=54402