Minnesota Governor Tim Walz
Andrea Austria / Media Matters

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Right-wing media falsely claim that Gov. Tim Walz created a protected class for perpetrators of child sexual assault

Legislators and legal experts have clarified that recent sexual orientation protections do not apply to such cases

Special Programs LGBTQ

Written by Alyssa Tirrell & Bushra Sultana

Published

Following Vice President Kamala Harris' announcement that she had selected Minnesota Gov. Tim Walz as her running mate, right-wing media falsely tried to paint Walz as an extremist by narrowing in on his support for LGBTQ constituents. In addition to targeting Walz's policies on gender-affirming care and menstrual equity, right-wing media also recycled old strands of anti-LGBTQ misinformation, falsely accusing Walz of having created a protected class for perpetrators of child sexual assault even though legal experts and state representatives have debunked such claims.

  • The Take Pride Act of 2023 strengthened the Minnesota Human Rights Act, and experts have debunked claims that it protects child predators

    • In 2023, Minnesota state Rep. Leigh Finke introduced HF1655, a bill that would incorporate new LGBTQ protections into the Minnesota Human Rights Act. The bill strengthened discrimination protections, including in housing and employment, and updated the definitions of gender-identity and sexual orientation. According to Minnesota Department of Human Rights Commissioner Rebecca Lucero, the bill was “about clarifying and updating what has already been the law, making it more in alignment with where we are right now,” rather than expanding the classes of people protected under the bill. The bill was later folded into a comprehensive, civil law omnibus bill, HF447.  [Minnesota Legislature, accessed 8/9/24, 3/8/23; Politifact, 5/3/23]
    • Right-wing media figures falsely accused HF1655 of protecting perpetrators of child sexual assault while the legislation was under consideration in 2023. The backlash prompted legislators, legal experts, and reporters to debunk the claim at the time. [Politifact, 5/3/23; USA Today, 5/5/23] 
    • Minnesota state Reps. Jamie Becker-Finn and Leigh Finke, co-authors of the bill, have both clarified that “of course pedophilia is not a protected class.” While speaking on the House floor, Becker-Finn acknowledged that the provision on sexual orientation had “gone off the rails a bit on social media,” and clarified again that “nothing in the bill changes or weakens any of the crimes against children in our criminal statute, or the state’s ability to prosecute those who break the law. Of course pedophilia is not a protected class, is not a sexual orientation, which is why the language never should have been in the bill in the first place.” Finke also responded to reporters with similar language. [Politifact, 5/3/23; USA Today, 5/5/23]
    • Multiple legal scholars have supported this interpretation of the bill. This includes Arthur Leonard, a New York Law School law professor, who said he was “unaware of actual cases” where such protections included perpetrators of child sexual assault. Newton Professor of Constitutional Law David B. Cruz at the University of Southern California Gould School of Law argued that it would be “inconceivable” that the scope of protections based on sexual orientation and gender-identity would be expanded by the law to include perpetrators of child sexual assault. Brian Soucek, a law professor at the University of California, Davis School of Law, dismissed the claim that such protections would include perpetrators of child sexual assault. Soucek told Polifact, “No court in the country has or would ever say that a law protecting people from discrimination based on their sexual orientation extends to protecting pedophilia.” [Politifact, 5/3/23]

  • Right-wing media are bringing up the 2023 law to falsely accuse Gov. Tim Walz of creating a protected class for “pedophiles”

    • The social media account Libs of TikTok boosted a post from the user “Dark Hegel,” who claimed that HF1655 would now “INCLUDE PEDOPHILES” in state protections of sexual orientation. The post showed a portion of the text amended by HF1655 that, in addition to adding an updated definition of gender-identity, showed that language reading “‘Sexual orientation' does not include a physical or sexual attachment to children by an adult” had been removed. The post also singled out Minnesota Rep. Leigh Finke, the first out trans legislator in Minnesota and sponsor of the bill, and linked the bill to Walz's tenure as governor.  [Twitter/X, 8/6/24; CBS 11/9/22]
    • Within the hour, the account RNC Research had posted similar accusations, claiming Walz had signed a law “removing ‘physical or sexual attachment to children by an adult’ from state human rights law” and “redefining ‘sexual orientation’ to include pedophiles.” A follow-up post linked to the thread created by Dark Hegel, calling it a “must read” and further claiming, “Harris-Walz will force this radical gender ideology into every school.” [Twitter/X, 8/6/24] 
    • The next morning, AF Post wrote, “As Minnesota governor, Tim Walz signed a bill making it illegal to discriminate against pedophiles under the state’s civil rights law.” The account also linked to Dark Hegel's thread. [Twitter/X, 8/7/24]
    • The Daily Wire published an article claiming that Walz was “stripping anti-pedophile language” from the Minnesota bill. The article also targeted Finke, including comments about her appearance and misgendering her. [The Daily Wire, 8/7/24]
    • The Gateway Pundit published a piece titled “Tim Walz Signed Legislation Redefining the Term ‘Sexual Orientation’ to Include Pedophiles.” The article linked to Dark Hegel's thread. [The Gateway Pundit, 8/7/24] 
    • That evening, Newsmax’s John Bachman claimed that Walz had “extended legal protections to pedophiles.” [Newsmax, Prime News, 8/7/24]
    • The next day, Newsmax’s Carl Higbie went on a tirade against Democrats, listing a number of things that he said are “weird,” including “Tim Walz's bill that called pedophilia a protected ‘sexual orientation.’” [Newsmax, Carl Higbie Frontline, 8/8/24] 
    • Newsmax’s Chris Plante claimed that child molesters are “a protected class” in Minnesota “thanks to Gov. Walz.” Plante claimed that the Minnesota Human Rights Act “now bans discrimination based on sexual orientation. Included in that definition of sexual orientation: pedophiles, that is to say, child molestors.” [Newsmax, The Right Squad, 8/8/24]
    • On his radio show, Fox host Sean Hannity claimed Walz signing the bill with removed language “makes absolutely no sense.” Hannity also attacked the media for not asking Walz about the law, adding, “That’s how sick and corrupt and absolutely disgusting the media is.” [Premiere Radio Network, The Sean Hannity Show, 8/9/24]
    • One America News Network host Dan Ball bizarrely claimed that Waltz “signed legislation that allows pedophiles and pedophilia to someday legally be protected under existing state anti-discrimination laws.” Ball called Walz a “sicko” and claimed that “leftists … want to rename pedophilia,” adding later, “This is sick and disgusting.” [One America News Network, Real America with Dan Ball, 8/10/24]
    • Referencing a speech by former President Donald Trump in which he pushed the same misinformation about the Minnesota law, The Daily Wire’s Michael Knowles claimed Walz “specifically took out the line stating that sexual orientation does not include pedophilia,” adding, “That’s really weird.” Knowles read out the Snopes fact check but still claimed, “The reality seems to undermine the fact-checked version.” [The Daily Wire, The Michael Knowles Show, 8/12/24]