hey alex! concerning your harassment

spa ced · 04-10-2003, 02:54 AM

Schools must protect gay kids, court rules

by Christopher Lisotta
Gay.com / PlanetOut.com Network

The U.S. Circuit Court of Appeals ruled on Tuesday that schools failing to protect gay students from harassment could be in violation of federal law.

In addition, the court went so far as to warn school administrators that they could be held personally responsible if they ignored pleas of help from students regarding sexual orientation harassment.

The unanimous ruling by the 9th Circuit Court in San Francisco is in response to a suit filed five years ago by six former students against the Morgan Hill Unified School District in California. The five girls and one boy sued after incidents at Morgan Hill's Live Oak High School and Murphy Middle School, which took place from 1991 to 1998.

The students argued that the district and school administrators violated state and federal laws by not responding to their complaints.

Defense attorneys argued that since the schools had anti-discrimination policies in place, they couldn't be sued, and since the laws at the time were not clear when it came to protecting students based on sexual orientation, they were not liable.

The court apparently disagreed, writing in its opinion the schools "failed to adequately train teachers, students and campus monitors about the district's policies prohibiting discrimination on the basis of sexual orientation."

One student claimed when she approached an assistant principal about pornography and slurs written on her locker by other students, she was told to go back to class and not bring complaints to the school administration any more. The male student in the case said that despite being beaten so badly by six other students that he was hospitalized, only one of his attackers was reprimanded.

"Every school district in America knows it has a problem with anti-gay harassment," Matthew Coles, national director of the American Civil Liberties Union's lesbian and gay rights project, told the San Francisco Chronicle in response to the ruling. "This says you can't wait for something bad to happen. You have to deal with it. ... Just going through the motions isn't enough."

spa ced · 04-10-2003, 02:59 AM

On a related note:

Day of Silence: Support and dissent grow

by Ari Bendersky
Gay.com / PlanetOut.com Network

While thousands of students, teachers and government officials gear up for the 2003 Day of Silence, conservative groups across the United States are making noise over the silent protest.

On Wednesday, an estimated 200,000 students in approximately 2,000 participating schools across the country will take a vow of silence in protest against discrimination toward GLBT youth. More than 50,000 additional people will participate in the 2003 Day of Silence than last year, organizers say, showing growing support for creating safe school environments for all students.

During the day, many students will don T-shirts or hand out cards explaining their silent behavior. Rallies are also organized across the country from local assembly halls to the floors of state capitols. Additionally, a number of government officials have weighed in to show their support for these students.

For the second year in a row, U.S. Rep. Eliot Engel, D-N.Y., has introduced a resolution that calls on Congress to officially recognize the Day of Silence and its activities on a national level, while California Gov. Gray Davis issued a proclamation for the second year in a row recognizing the day.

Davis is joined by Michigan Gov. Jennifer Granholm and Connecticut Gov. John G. Rowland, a Republican, who designated April 9 as the Day of Silence in their states.

"Sadly, violence and discrimination against GLBT youth is all too common in American schools," Engel said. "Americans needs to know that countless children in this country are deprived of a happy adolescence because of the hurt inflicted upon them by insensitive pupils, teachers and parents."

Some conservative groups are trying to upset the silent protests by picketing in front of schools and calling for parents to take a "family day" and remove their kids from school on April 9.

Members of the Eagle Forum of Sacramento, Calif., a local chapter of anti-gay activist Phyllis Schlafly's national organization, passed out fliers in front of Elk Grove high schools that read: "Real Americans Do Not Push Homosexuality on Children!" The Eagle Forum claims the Day of Silence will further push the "homosexual agenda" on children, promoting what it calls an "immoral lifestyle."

A group calling itself Courageous Christians United (CCU), a conservative religious collective, is calling for a "national ditch day," encouraging parents to take their kids out of school for the day and have a "family day of fun."

CCU founder Steve Klein said that homosexuality should not be celebrated, rather students "should be taught the dangers of same-sex relationships," claiming that gay people are exposed to HIV/AIDS and STDs. He also implies that gays and lesbians are more prone than straight people to domestic violence, drug and alcohol abuse and psychological and eating disorders.

However, the Day of Silence is meant to combat violence and hatred against GLBT youth, mainly by heterosexual students, teachers and coaches. In 2001, the Gay, Lesbian and Straight Education Network (GLSEN), which is the national sponsor for the Day of Silence, released the National School Climate Survey, showing that more than 4 out of 5 GLBT students reported verbal, sexual or physical harassment in their school, and 30 percent missed at least one day of school because they feared getting beaten.

Eliza Byard, GLSEN's deputy executive director, said that despite a few outspoken antagonists, she welcomes the increased support, not only on campuses but also by communities in general and government officials.

"The goal of the day is to build school communities that are safe and welcoming of all their members, regardless of sexual orientation or identity," Byard told the Gay.com/PlanetOut.com Network. "I hope that on the Day of Silence, GLBT students across the country will stand with their allies and understand that people across the country are standing with them. I hope (GLBT students) can absorb that kind of support and carry that with them throughout the year."

04-10-2003, 02:54 AM	#1
spa ced Braindead Location: Machu Picchu Posts: 15,291	hey alex! concerning your harassment Schools must protect gay kids, court rules by Christopher Lisotta Gay.com / PlanetOut.com Network The U.S. Circuit Court of Appeals ruled on Tuesday that schools failing to protect gay students from harassment could be in violation of federal law. In addition, the court went so far as to warn school administrators that they could be held personally responsible if they ignored pleas of help from students regarding sexual orientation harassment. The unanimous ruling by the 9th Circuit Court in San Francisco is in response to a suit filed five years ago by six former students against the Morgan Hill Unified School District in California. The five girls and one boy sued after incidents at Morgan Hill's Live Oak High School and Murphy Middle School, which took place from 1991 to 1998. The students argued that the district and school administrators violated state and federal laws by not responding to their complaints. Defense attorneys argued that since the schools had anti-discrimination policies in place, they couldn't be sued, and since the laws at the time were not clear when it came to protecting students based on sexual orientation, they were not liable. The court apparently disagreed, writing in its opinion the schools "failed to adequately train teachers, students and campus monitors about the district's policies prohibiting discrimination on the basis of sexual orientation." One student claimed when she approached an assistant principal about pornography and slurs written on her locker by other students, she was told to go back to class and not bring complaints to the school administration any more. The male student in the case said that despite being beaten so badly by six other students that he was hospitalized, only one of his attackers was reprimanded. "Every school district in America knows it has a problem with anti-gay harassment," Matthew Coles, national director of the American Civil Liberties Union's lesbian and gay rights project, told the San Francisco Chronicle in response to the ruling. "This says you can't wait for something bad to happen. You have to deal with it. ... Just going through the motions isn't enough."

04-10-2003, 02:59 AM	#2
spa ced Braindead Location: Machu Picchu Posts: 15,291	On a related note: Day of Silence: Support and dissent grow by Ari Bendersky Gay.com / PlanetOut.com Network While thousands of students, teachers and government officials gear up for the 2003 Day of Silence, conservative groups across the United States are making noise over the silent protest. On Wednesday, an estimated 200,000 students in approximately 2,000 participating schools across the country will take a vow of silence in protest against discrimination toward GLBT youth. More than 50,000 additional people will participate in the 2003 Day of Silence than last year, organizers say, showing growing support for creating safe school environments for all students. During the day, many students will don T-shirts or hand out cards explaining their silent behavior. Rallies are also organized across the country from local assembly halls to the floors of state capitols. Additionally, a number of government officials have weighed in to show their support for these students. For the second year in a row, U.S. Rep. Eliot Engel, D-N.Y., has introduced a resolution that calls on Congress to officially recognize the Day of Silence and its activities on a national level, while California Gov. Gray Davis issued a proclamation for the second year in a row recognizing the day. Davis is joined by Michigan Gov. Jennifer Granholm and Connecticut Gov. John G. Rowland, a Republican, who designated April 9 as the Day of Silence in their states. "Sadly, violence and discrimination against GLBT youth is all too common in American schools," Engel said. "Americans needs to know that countless children in this country are deprived of a happy adolescence because of the hurt inflicted upon them by insensitive pupils, teachers and parents." Some conservative groups are trying to upset the silent protests by picketing in front of schools and calling for parents to take a "family day" and remove their kids from school on April 9. Members of the Eagle Forum of Sacramento, Calif., a local chapter of anti-gay activist Phyllis Schlafly's national organization, passed out fliers in front of Elk Grove high schools that read: "Real Americans Do Not Push Homosexuality on Children!" The Eagle Forum claims the Day of Silence will further push the "homosexual agenda" on children, promoting what it calls an "immoral lifestyle." A group calling itself Courageous Christians United (CCU), a conservative religious collective, is calling for a "national ditch day," encouraging parents to take their kids out of school for the day and have a "family day of fun." CCU founder Steve Klein said that homosexuality should not be celebrated, rather students "should be taught the dangers of same-sex relationships," claiming that gay people are exposed to HIV/AIDS and STDs. He also implies that gays and lesbians are more prone than straight people to domestic violence, drug and alcohol abuse and psychological and eating disorders. However, the Day of Silence is meant to combat violence and hatred against GLBT youth, mainly by heterosexual students, teachers and coaches. In 2001, the Gay, Lesbian and Straight Education Network (GLSEN), which is the national sponsor for the Day of Silence, released the National School Climate Survey, showing that more than 4 out of 5 GLBT students reported verbal, sexual or physical harassment in their school, and 30 percent missed at least one day of school because they feared getting beaten. Eliza Byard, GLSEN's deputy executive director, said that despite a few outspoken antagonists, she welcomes the increased support, not only on campuses but also by communities in general and government officials. "The goal of the day is to build school communities that are safe and welcoming of all their members, regardless of sexual orientation or identity," Byard told the Gay.com/PlanetOut.com Network. "I hope that on the Day of Silence, GLBT students across the country will stand with their allies and understand that people across the country are standing with them. I hope (GLBT students) can absorb that kind of support and carry that with them throughout the year."