ACLU Sues To Stop Tennessee Schools From Censoring Gay Educational Web Sites; Filtering Software Allows Anti-Gay Sites
NASHVILLE, TN – The American Civil Liberties Union and the ACLU of Tennessee sued two Tennessee school districts in federal court today, charging the schools are unconstitutionally blocking students from accessing online information about lesbian, gay, bisexual and transgender issues. Metropolitan Nashville Public Schools, Knox County Schools and as many as 105 other school districts in Tennessee use Internet filtering software to block Web sites containing pro-LGBT speech, but not Web sites touting so-called “reparative therapy” and “ex-gay” ministries. The “LGBT” filter is not used to block sites containing pornography, which are filtered under a different category, but it does block the sites of many well-known LGBT organizations including Parents, Families, And Friends of Lesbians and Gays (PFLAG), the Gay Lesbian Straight Education Network (GLSEN) and Human Rights Campaign (HRC).
“Allowing access to Web sites that present one side of an issue while blocking sites that present the other side is illegal viewpoint discrimination,” said Catherine Crump, a staff attorney with the ACLU First Amendment Working Group and lead attorney on the case. “This discriminatory censorship does nothing to make students safe from material that may actually be harmful, but only hurts them by making it impossible to access important educational material.”
The school districts block the Internet filtering category designated “LGBT,” which includes sites that “provide information regarding, support, promote, or cater to one’s sexual orientation or gender identity.” They do not, however, block sites that condemn homosexuality or promote “reparative therapy,” a practice purporting to “cure” LGBT people that is denounced as dangerous and harmful to young people by such groups as the American Psychological Association and the American Medical Association.
The ACLU filed the case in the U.S. District Court for the Middle District of Tennessee against Metropolitan Nashville Public Schools and Knox County Schools on behalf of two high school students in Nashville, one student in Knoxville and a high school librarian in Knoxville who is also the advisor of the school’s Gay-Straight Alliance (GSA).
“Students need to be able to access information about their legal rights or what to do if they’re being harassed at school,” said Keila Franks, a 17-year-old student at Hume-Fogg High School in Nashville and a plaintiff on the case. “It’s completely unfair for schools to keep students in the dark about such important issues and treat Web sites that just offer information like they’re something dirty.”
The lawsuit charges that blocking LGBT sites violates students’ First Amendment rights by only allowing access to sites that present an anti-gay point of view on the rights of LGBT persons on issues such as anti-gay harassment, marriage, employment discrimination and the military’s “don’t ask, don’t tell” policy while blocking access to sites that support LGBT rights. Further, the filtering hinders the ability of GSAs and their members to facilitate club activities and keeps students from accessing important information about scholarships for LGBT students or doing research for school-related assignments.
The ACLU first learned about the discriminatory filtering from Andrew Emitt, a Knoxville high school student who discovered the problem while trying to search for LGBT scholarships. Internet filtering software is mandated in public schools by Tennessee law, which requires schools to implement software to restrict information that is obscene or harmful to minors. However, the “LGBT” filter category does not include material which is sexually gratuitous and already included in the “pornography” filtering category.
“While schools may have an interest in using filters to block material that could be harmful to minors, blocking access to information about LGBT issues while allowing anti-gay information is unlawful and potentially dangerous,” said Tricia Herzfeld, a staff attorney with the ACLU of Tennessee. “There is no place for this kind of unconstitutional censorship in our public schools.”
In addition to Crump and Herzfeld, attorneys on the case are Chris Hansen of the ACLU First Amendment Working Group and Christine Sun of the ACLU LGBT Project.
The plaintiffs are Nashville students Keila Franks and Emily Logan, Knoxville student Bryanna Shelton, and Karyn Storts-Brinks, a Knoxville high school librarian and faculty sponsor for her school’s GSA.
More information about the case, including the ACLU’s complaint and a video featuring one of the student plaintiffs, is available online at: www.aclu.org/lgbt/youth/39346res20090413.html.
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Original source : http://gay_blog.blogspot.com/2009/05/aclu-sues-to-…
High School Student Takes On Anti-Gay Harassment — And Wins
ACLU Reaches Agreement With School District To Combat Bias After Lesbian Student Is Harassed By Teachers
VALLEJO, CA – The American Civil Liberties Union announced today that it has reached a settlement agreement with the Vallejo City Unified School District on behalf of a high school student who faced anti-gay harassment and discrimination from teachers and school staff and was required to participate in a school-sponsored “counseling” group designed to discourage students from being lesbian, gay, bisexual, or transgender. The settlement is designed to combat harassment and discrimination based on sexual orientation and gender identity at all the district’s schools, and includes district-wide anti-harassment training for students and staff.
“All I ever wanted was to be able to go to school and just be myself. But I couldn’t do that when the people I was supposed to be learning from were judging me and telling me something was wrong with me. How was I supposed to learn when I was constantly scared?” said Hamilton, a high school student who came out as a lesbian when she was 13.
For Rochelle Hamilton, starting high school was the beginning of relentless verbal harassment and discrimination from teachers and staff based on her sexual orientation and gender expression. Hamilton began attending Vallejo’s Jesse Bethel High School as a sophomore in the fall of 2007. The verbal attacks started almost immediately, and continued for months.
Hamilton became severely depressed and her grades plummeted. Worried for her daughter, Hamilton’s mother, Cheri Hamilton, repeatedly wrote letters, made phone calls, and met in person with school and district officials for several months. After three months of outreach to the school and the district, Cheri Hamilton contacted the American Civil Liberties Union of Northern California for help. The ACLU intervened to resolve the matter with the school district.
Hamilton reports that while some of the harassment she suffered came from other students, most of the time it came from school teachers and staff. Specific incidents included:
· A teacher approached Hamilton while she was hugging her girlfriend and said, “This is ungodly, and you’re going to hell. This is a sin.”
· Another teacher said, “What’s wrong with you? What are you, a man or a woman?”
· Other school staff made repeated harassing comments to Hamilton in front of her classmates, including saying, “it’s not right to be this way.”
· Hamilton was also on several occasions denied access to the girls’ locker room.
“California school districts are required by state law to protect students from harassment and discrimination, including on the basis of sexual orientation and gender identity,” said Elizabeth Gill, an ACLU-NC staff attorney who worked with the district on the settlement. “If a school district ignores anti-gay bias in schools, it is plainly violating both state and federal law. These laws are designed, in part, to ensure that all students are able to learn and thrive free from bias. When it’s left unchecked, harassment can take a serious toll on students.”
One of the most egregious incidents in this case involved a school counselor who required Hamilton to attend a special weekly support group for gay students. The real purpose of the group was quickly revealed, however, when the counselor berated students for “choosing” to be gay and tried to convince them to change their sexual orientation or gender expression. The counselor told the students that it is “hard to get a job if you’re gay.” When Hamilton’s mother went to school officials about the “counseling” group, the counselor confronted Hamilton the next week, telling her, “You’re going to get this treatment your whole life. What are you going to do, stand up every time?”
“The district-wide anti-harassment training will make Vallejo schools a more welcoming place to learn for all students,” said Jory Steele, ACLU-NC’s managing attorney. “District administrators made the right move in taking important steps to protect its students from bias.”
Hamilton transferred out of Jesse Bethel High School midway through her sophomore year to escape the daily harassment. She is now completing her junior year at another high school in the district.
Pursuant to the five-year agreement reached with the ACLU, the district will adopt a clear policy explicitly prohibiting discrimination and harassment based on sexual orientation or gender identity, as required by California law; develop a specific procedure for harassment and discrimination complaints; provide mandatory training for all teachers and other staff who interact with students in how to identify anti-gay harassment and discrimination, why it’s harmful, and how to prevent it; and provide mandatory anti-harassment training to all students in the district, as well as taking other steps to make the district a more welcoming environment for lesbian, gay, bisexual and transgender students.
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Original source : http://gay_blog.blogspot.com/2009/05/high-school-s…
Marriage equality “a matter of time,” ACLU chief says
Marriage equality “a matter of time,” ACLU chief says
There is momentum nationally for marriage equality, according to Anthony Romero, the out executive director of the American Civil Liberties Union. “It’s just a matter of time,” he said before an appearance in Philadelphia. However, Pennsylvania is considered unlikely to enact marriage equality without a court order, according to advocates in the Keystone State. The Philadelphia Inquirer * Tags = gay men gay news lesbian news transgender bisexual
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Original source : http://gay_blog.blogspot.com/2009/05/marriage-equa…
Maine’s Gay Marriage FAces Likely Ballot Initative
Portland, ME – Maine Governor John Baldacci signed into a law today a bill ending the ban on marriage for same-sex couples. The Maine Civil Liberties Union, which lobbied hard for the bill, applauds the governor for recognizing that lesbian and gay couples in the state should no longer be denied the legal protections, recognition and respect that comes with marriage.
“Our great state became the first to end the ban on marriage for same-sex couples solely through the legislative process,” said Shenna Bellows, Executive Director of the Maine Civil Liberties Union. “While we know that the bill signed into law may ultimately have to be approved by the voters, today marks a turning point in the fight for the freedom to marry.”
Although Governor Baldacci had not previously stated publicly whether he would support the bill, he signed it into law just a day after the bill passed the state house by a vote of 89 to 57. Because of the state’s referendum process, it is likely that an initiative will be placed on the ballot where the voters could reject the legislation. Opponents of the freedom to marry have 90 days from the date of adjournment of the legislature to gather just over 55,000 signatures to put the issue on the ballot, which will stay the law from going into effect and bar couples from being able to marry. The initiative will be on the ballot in November 2009 or June 2010.
“We understand that many Maine people on both sides feel as passionately as we do,” added Bellows. “We are confident that if our opponents succeed in making this a referendum issue, the majority of Mainers will vote for fairness.”
To learn more about the fight for marriage in Maine, visit www.mainefreedomtomarry.com.
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Original source : http://gay_blog.blogspot.com/2009/05/maines-gay-ma…
McDonald’s Agrees To Training and Settlement After Staff Called Gay Customers “Faggots,” Super-Size Training For Management Offered After Kentucky Incident
LOUISVILLE, KY – Nine months after an employee at a McDonald’s restaurant in downtown Louisville called a group of gay customers a series of anti-gay slurs, the American Civil Liberties Union announced today that McDonald’s has agreed to a cash settlement and diversity training for management at 30 of its Louisville-area restaurants.
Ryan Marlatt, Teddy Eggers, and three other friends had stopped for lunch at a McDonald’s restaurant on East Market Street on July 26, 2008 while visiting Louisville for the weekend. While they waited for their food to be prepared, an employee behind the counter referred to them as “faggots” to another employee. When Marlatt and Eggers objected to the slur and asked to speak with a manager, the employee who had called them “faggots” started arguing with them, repeatedly calling them “faggots” in front of other customers and calling one of them a “cocksucker” and “bitch.”
“The reason we made such a big deal out of this to begin with was because we didn’t want it happening to anyone else, so I’m very glad McDonald’s management is going to be having these trainings,” said Eggers of Indianapolis, Indiana. “We were hurt and upset, but at least we’re adults and can handle being called names. We hated thinking that this kind of harassment might also happen to someone young and vulnerable who would really take it to heart.”
The supervisor on duty refused to refund the group’s purchase, so Marlatt attempted several times in the following weeks to contact both the general manager of the McDonald’s and the corporate offices, with no results. Louisville law prohibits discrimination on the basis of sexual orientation, so the ACLU filed a complaint in September on behalf of Marlatt and Eggers with the Louisville Human Relations Commission. In October, representatives of a variety of lesbian, gay, bisexual, and transgender groups as well as other civil rights organizations protested at the downtown Louisville McDonald’s where the incident took place.
Although Marlatt and Eggers only asked for $28, McDonald’s offered them $2000 each on its own, which they accepted, Sun said. The Louisville Human Relations Commission has been thoroughly investigating Eggers and Marlatt’s complaint since it was filed last September and helped negotiate the settlement between the parties.
“We’re really grateful to the Louisville Metro Human Relations Commission for its investigation, as well as to our friends at the Fairness Campaign, and commonGround at the University of Louisville, for keeping the pressure on McDonald’s to do the right thing,” said Michael Aldridge, Executive Director of the ACLU of Kentucky. “While we’re fortunate to have a law banning sexual orientation discrimination in Louisville, this goes to show that it’s still important to speak out and do something about it when your rights are violated.”
“McDonald’s could have saved itself a lot of embarrassment if they’d just done the right thing from the start and done something about this, but it’s great that so many people stood up for us and came forward to say treating people the way we were treated is wrong,” said Marlatt. “We just hope the trainings keep McDonald’s from letting this happen to any of their customers from now on.”
When their Louisville Human Relations Commission complaint was filed, Marlatt and Eggers asked for a refund of the money they spent on the McDonald’s meal, and asked that one employee – the cashier who objected to the other employee’s name-calling – be commended. “She was the only employee in the whole place who tried to help us,” said Eggers. “I hope she hears about this and knows how much we appreciated her sticking up for us.”
“While we wish Ryan, Teddy, and their friends hadn’t had to go through this whole experience to begin with, we’re glad that at least McDonald’s is taking steps to prevent anything like this from happening again in the future,” said Christine Sun, a senior staff attorney with the ACLU Lesbian Gay Bisexual Transgender Project who is representing Marlatt and Eggers. “Businesses should treat all of their customers with respect regardless of their sexual orientation.”
A video of Marlatt and Eggers telling the story of what happened to them as well as their complaint to the Human Relations Commission can be found at http://www.aclu.org/lgbt/discrim/36781res20080916.html.
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Original source : http://gay_blog.blogspot.com/2009/05/mcdonalds-agr…
New Mexico Agrees To Provide Retirement Health Insurance To Domestic Partners Of State Employees
“We are very pleased that the state has agreed to settle this litigation and provide the insurance. It wasn’t fair that the state forced lesbian and gay employees to pay the high cost of health care for often inferior health insurance for their families when they worked just as hard as their straight colleagues,” said Peter Simonson of the ACLU of New Mexico. “I’m sure this will be welcome news to all lesbian and gay state employees, but especially to those who have retired or are planning to do so soon.”
The ACLU brought the lawsuit on February 5, 2007 on behalf lesbian and gay state employees and their domestic partners. The lawsuit charged that it was a violation of the state constitution’s equal protection guarantees for the state to treat lesbian and gay employees differently from its straight employees. The settlement will reached with the state will cover both gay and straight employees and their domestic partners. The ACLU brought the lawsuit on February 5, 2007 on behalf lesbian and gay state employees and their domestic partners. The lawsuit charged that it was a violation of the state constitution’s equal protection guarantees for the state to treat lesbian and gay employees differently from its straight employees. The settlement will reached with the state will cover both gay and straight employees and their domestic partners.
“This is fantastic news. We can finally start planning our retirement,” said Havens Levitt who has been a teacher for the Albuquerque public school for 25 years. “Until now, our only option was for me to keep working because my partner’s employment doesn’t provide insurance for her and private insurance was just too expensive. It means a lot that the state has acknowledged I should be treated the same as my straight colleagues.” Levitt and her partner, Rebecca Dakota, have been partners for 13 years. Dakota is a self-employed consultant to non-profits and an independent filmmaker.
Pursuant to the settlement, the state has agreed to develop a process for enrolling those interested during the next open enrollment period, which comes this fall.
The legal team for the ACLU in Levitt and Dakota v. New Mexico is George Bach, staff attorney with the ACLU of New Mexico, Ken Choe, a senior staff attorney with the Lesbian Gay Bisexual Transgender Project of the ACLU, and cooperating attorney Maureen Sanders of Sanders & Westbrook, P.C.
Additional information about the case including a Q&A and the legal papers is available at http://www.aclu.org/lgbt/relationships/28241res20070205.html.
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Original source : http://gay_blog.blogspot.com/2009/04/new-mexico-ag…
Arizona School Agrees To Lift Rainbow Ban Following ACLU Demands; Gay Student Now Allowed To Wear Wristband
Quintanilla contacted the ACLU in February after her son Chris’s principal told her he wouldn’t allow her son to wear his cloth wristband with words “Rainbows are gay” to school anymore. Last week, the school finally gave assurances to the ACLU that it would not censor Quintanilla’s wristband in the future.
“Students have a constitutional right to free speech at school, and school officials should be aware of their responsibility for upholding this cornerstone of our freedom,” said Elizabeth Gill, staff attorney for the ACLU national Lesbian Gay Bisexual Transgender Project. “This district was right to come to its senses and back down from violating the First Amendment, because students have 40 years of Supreme Court precedent on their side when schools do this kind of thing.”
In its letter, the ACLU reminded PUSD officials about the 1969 U.S. Supreme Court decision in Tinker v. Des Moines in which the Court wrote, “It can hardly be argued that either students or teachers shed their constitutional rights… at the schoolhouse gate.” The letter also pointed to Gillman v. Holmes County School District, a Florida case in which a high school principal had attempted to ban symbols in support of LGBT rights, including rainbows, at school. In that case, a federal judge ruled last May that the school had violated students’ First Amendment rights. Both cases were handled by the ACLU, which celebrated the 40th anniversary of the Tinker decision in February.
“The schools we entrust to teach our children about society and their freedoms should know better than to violate one of our most fundamental freedoms,” said Alessandra Soler Meetze, Executive Director of the ACLU of Arizona. “We’re glad that PUSD has seen the light about this, but we’re going to be keeping an eye on this district and hold them to their word that they’ll respect the First Amendment from now on.”
The letter the ACLU sent to the district last month is available here:
http://www.aclu.org/pdfs/lgbt/schoolsyouth/az_armb_letter.pdf.
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Original source : http://gay_blog.blogspot.com/2009/04/arizona-schoo…
ACLU demands schools allow access to gay Websites In Tennessee
Students and parents are demanding Metro Nashville’s public schools stop blocking access to Web sites about lesbian, gay, bisexual and transgender issues. They complained to the American Civil Liberties Union, which on Wednesday gave Metro and Knox County schools an April 29 deadline to announce plans to open access to the non-sexual sites. A letter to the districts threatened lawsuits if they don’t comply.
Metro parents previously complained to the school district about the lack of support for gay and lesbian students, the teasing and the fatal results.
Clare Sullivan, a parent of a lesbian daughter who attended Metro schools, cited recent news reports of students who committed suicide after constant harassment for being gay.
“You have students struggling with these issues,” she said. “If you cut off avenues for discussion, and it’s taboo in schools, where else can they go?”
Sullivan is a member of Parents, Families and Friends of Lesbians and Gays, one of the groups whose Web site Metro blocks. Others include the Gay Lesbian Straight Education Network and the Gay and Lesbian Alliance Against Defamation.
Metro uses an outside company that filters Internet access, district spokeswoman Noelle Mashburn said. See ACLU demands schools allow access to gay Websites The Tennessean * Tags = gay men gay news lesbian news transgender bisexual
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Original source : http://gay_blog.blogspot.com/2009/04/aclu-demands-…
Anti-gay group allowed to enter Arkansas adoption case
(Little Rock, Arkansas) A judge has ruled that that a lawsuit challenging an Arkansas law banning unmarried couples from becoming foster or adoptive parents can proceed - and that the conservative group behind the measure can present arguments in the case.
County Circuit Judge Chris Piazza dismissed a motion by Arkansas Attorney General Dustin McDaniel to dismiss the suit. Piazza then accepted an application by the Arkansas Family Council to enter the case.
The council was behind the successful ballot measure past last November that bans unmarried couples from adopting or fostering. The American Civil Liberties Union of Arkansas filed suit, challenging the constitutionality of the law on behalf of a dozen families, some straight, some gay.
See Anti-gay group allowed to enter Arkansas adoption case
365Gay.com
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Original source : http://gay_blog.blogspot.com/2009/03/anti-gay-grou…
2 Fla. students challenge school’s gay club ruling
An attorney for two gay students at a north Florida high school told a federal judge they should be allowed to have a Gay-Straight Alliance on campus, while a lawyer for the Nassau County School Board says the group’s name is against school policy.
Yulee High School students Hannah Page and Jacob Brock, represented by the American Civil Liberties Union, are challenging a decision by the school board which prevents them from having the club which promotes anti-bullying and tolerance toward gays.
School board attorney Frank Sheppard says if the group will change its name, it could meet on campus.
See 2 Fla. students challenge school’s gay club ruling MiamiHerald.com
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Original source : http://gay_blog.blogspot.com/2009/03/2-fla-student…
