Posts misinterpret Minnesota bill that redefines sexual orientation | Fact check

Hannah Hudnall, USA TODAY
·3 min read
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The claim: New Minnesota bill would protect pedophiles as a sexual orientation

An April 28 Instagram post (direct link, archive link) shows a screenshot of a tweet that discusses a bill recently introduced in Minnesota.

"In Minnesota, there is a new bill that has just been proposed by a Democrat legislator that would protect pedophilia as a sexual orientation," reads text within the post. "It is called the 'Take Pride Act' – HF 1655 – and was introduced earlier this year by state Rep. Leigh Finke, the first transgender legislator in Minnesota House history."

The post garnered more than 1,000 likes in five days, while the original tweet garnered more than 2,000 likes in six days. Similar versions of the claim have been shared on Facebook, Instagram and Twitter.

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Our rating: False

The bill wouldn't protect pedophiles as a "sexual orientation." Rather, it removed language from the law that linked pedophilia and sexual orientation. An amendment added on April 26 – two days before this post – directly says the physical and sexual attraction to children isn't protected by the bill.

Bill doesn't protect pedophiles

HF 1655, also known as the "Take Pride Act," creates protections against discrimination and redefines sexual orientation and gender identity, among other things. It has not yet passed.

It removes the following phrase from the previous definition of sexual orientation: "'Sexual orientation' does not include a physical or sexual attachment to children by an adult."

This doesn't mean the bill protects pedophiles from discrimination, however.

Minnesota state Rep. Leigh Finke, one of the bill's authors, told USA TODAY the claim is false.

"The bill updates outdated language that incorrectly ties pedophilia to a person's sexual orientation," Finke said in an email. "Nothing in the bill changes or weakens any crimes against children, or the state's ability to prosecute those who break the law. Of course, pedophilia is not a sexual orientation – which is why the language never should have been included in the statutory definition in the first place."

State Rep. Jamie Becker-Finn, a co-author of the bill, said the same thing during an April 26 House floor session.

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The same day, an amendment was added to the bill that reads: "The physical or sexual attachment to children by an adult is not a protected class under this chapter."

Michael Boucai, a professor at the University at Buffalo School of Law who has done research on sexuality and law, told USA TODAY that sexual orientation has never been legally interpreted this way.

"I’m unaware of any antidiscrimination law – ever – whose reference to 'sexual orientation' was intended by legislators or has been interpreted by courts to encompass pedophilia."

USA TODAY reached out to the Instagram user who shared the post for comment but did not immediately receive a response. The Twitter user who shared the claim directed USA TODAY to a Fox News article discussing the new bill, but it does not make the claim made in the social media post.

The claim has also been debunked by PolitiFact.

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This article originally appeared on USA TODAY: No, Minnesota bill doesn't protect pedophiles | Fact check