California School Apologizes For Illegally Banning Sixth Grader’s Presentation On Harvey Milk
RAMONA, CA – A California school has apologized to a sixth grader for illegally censoring her classroom presentation about Harvey Milk last month, and school officials promise they won’t engage in unconstitutional restriction of similar free speech in the future. The apology comes after the American Civil Liberties Union sent a letter on May 30 to the Ramona Unified School District about its violation of the student’s free speech rights when it refused to allow her to give the presentation in class. Wrongly citing a school policy on sex education, the school had improperly required classmates to get parental permission to see the presentation during a lunch recess. The student was allowed to give her presentation in class this morning.
“Harvey Milk always stood up for his beliefs and what was right, so I felt like I should do the same thing when my school told me they wouldn’t let me do my presentation,” said Natalie Jones, a sixth grader at Mt. Woodson Elementary School. “I worked really hard on my presentation and I’m glad I’m finally going to get to share it with all of my classmates like everyone else got to.”
The assignment, part of an independent research project class, was to prepare a written report on any topic. Natalie, who was inspired to write about Harvey Milk after watching Sean Penn win an Academy Award for portraying him, got a score of 49 out of a possible 50 points on the written report. Students were then told to make PowerPoint presentations about their reports, which they would show to other students in the class. The day before Natalie was to give her 12-page presentation she was called into the principal’s office and told she couldn’t do so. When her mother spoke with the superintendent about the presentation, she was told Natalie couldn’t give her presentation because of a district board policy on “Family Life/Sex Education.” A few days later, the school sent letters to parents of students in the class, explaining that her presentation would be held during a lunch recess on May 8, and that students could only attend if they had parental permission due to the allegedly “sensitive” nature of the topic.
“Instead of quaking at the mere mention of an LGBT person’s existence, schools must understand that talking about someone who happens to be gay is no more sexual in nature than talking about a person who happens to be heterosexual,” said David Blair-Loy, Legal Director of the ACLU of San Diego and Imperial Counties. “Censoring Natalie’s presentation violated the First Amendment and the California Education Code, and we’re pleased she will finally get to give her presentation on a historical figure who was such a fierce advocate for the rights of not just LGBT Californians but of all people.”
* The school has apologized in writing to Natalie and sent a letter about that apology to all the parents who were sent the school’s letter about the presentation.
* The school allowed Natalie to give her presentation to all the other members of her independent research project class.
* The school has agreed to bring its “Family Life/Sex Education” policy into compliance with state law, and acknowledged that the mention or acknowledgement of a person’s sexual orientation is not sufficient to invoke the statutes and policies on sex education.
“If the school had taken a moment to consider its legal obligation to respect and uphold its students’ free speech rights instead of jumping to erroneous conclusions and trying to justify its actions by wrongly conflating Natalie’s historical presentation with sex education, this would never have happened,” said Elizabeth Gill, a staff attorney with the ACLU national LGBT Project. “There’s a tremendous difference between sex education and writing or talking about someone who happens to be gay, and we’re glad we were able to help the school finally understand that.”
“I’m always proud of my daughter, of course, but I’m even more proud of her for the way she stood up for her rights,” said Bonnie Jones, Natalie’s mother. “We’ve also heard from many people in town and other parents at Natalie’s school who have been amazingly supportive. I think if Harvey Milk were still here today, he’d be happy about how this all worked out.”
Harvey Milk, one of Time Magazine’s “Time 100 Heroes and Icons of the 20th Century” in 1999, has been the subject of several books, an opera, a documentary film that won the 1984 Academy Award for Documentary Feature, and a feature film released last year that won two Academy Awards for Best Original Screenplay and Best Actor. Milk’s birthday is the subject of a bill pending in the California legislature that would make it a state holiday.
For additional information, including a video featuring an interview with Natalie, copies of the school’s apology to Natalie and its letter to parents of students in her class, Natalie’s presentation on Harvey Milk, the school’s letter to parents, and the Ramona U.S.D. “Family Life/Sex Education” policy, can be found online at www.aclu.org/milk
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Quotes from New Hampshire’s gay marriage debate
“Thank you!” — Gay marriage supporters to lawmakers as they left the Statehouse following Wednesday’s gay marriage vote.
“A lot of New Hampshire families have come to know people in their families who are gay — co-workers, former classmates — and that’s what really made this difference. We are no longer talking about an issue. We are talking about people.” — The Rt. Rev. Gene Robinson, Episcopal bishop of New Hampshire, the church’s only openly gay bishop.
“This legislation makes clear that we understand that certain faiths do not recognize same-sex marriage, and it protects them from having to participate in marriage-related activities that violate their fundamental religious principles.” — Gov. John Lynch, as he signed the gay marriage bill into law.
“We certainly would like to see new legislators and a governor who keeps his word on the issue. If he tells the voters he doesn’t support same sex marriage, that’s what he means. If that happens, who knows, we may be looking at repeal in the next legislative session.” — Kevin Smith, executive director of gay marriage opponent Cornerstone Policy Research. See Quotes from New Hampshire’s gay marriage debate Chicago Tribune
* Tags = gay men gay news lesbian news transgender bisexual
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Hundreds protest anti-gay, anti-Jewish group’s arrival In RHode Island
Hundreds of Rhode Islanders turned out on street corners Friday in spontaneous opposition to the anti-gay, anti-Jew message of a tiny group of demonstrators from Kansas. More than 300 students from East Providence High School crammed one corner of the city’s busiest intersection at Taunton and Pawtucket avenues as school let out. Some gripped neon signs supporting gay people. During the school day, students also wore yarmulkes to support their Jewish classmates. At another corner, 100 or so people, including high school alumni, gathered, holding signs such as “Teach Love, Not Hate” and “Our Giant Signs are Better than Yours.” One even had a pink bunny suit on with “I Love Boys” written on his belly. On a third corner, five members of the Westboro Baptist Church of Topeka, Kan., carried epithet-laden picket signs, denouncing homosexuality and declaring, “America is doomed” for tolerating gays and Jews. Various counter-protestors chanted — “Go Home” or “Gay is the Way” — and for a short time the shouts unified in obscenities. “I know a lot of gay people in my family,” freshman Jayden DeCosta said. “It’s anybody’s right to do what they want.”
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ACLU: School censored student report on Harvey Milk
(San Francisco, California) The American Civil Liberties Union is threatening to sue a San Diego County school that refused to let a student present a report on slain gay rights leader Harvey Milk until her classmates got their parents’ permission to hear it.
David Blair-Loy, legal director of the ACLU of …
Tags: Aclu, American Civil Liberties, American Civil Liberties Union, Civil Liberties Union, Classmates, David Blair, gay rights, harvey milk, Legal Director, Loy, Parents, San Diego County, San Francisco CaliforniaCalifornia School Bans Sixth I Presentation on Harvey Milk
California School Bans Sixth
Grader’s Presentation on Harvey MilkFaces Possible
ACLU Lawsuit For Violation Of State Education Code
RAMONA, CA – Wrongly citing a school policy on sex education, a
California
school illegally censored a sixth grader’s classroom presentation about Harvey
Milk earlier this month. According
to a demand letter sent by the American Civil Liberties Union to the
Ramona Unified School
District today, the school violated Natalie Jones’s
free speech rights when it refused to allow her to give the presentation in
class. Instead, the school
improperly required classmates to get parental permission to see the
presentation during a lunch recess.
“This whole thing is unbelievable –
first my daughter got called into the principal’s office as if she were in some
kind of trouble, and then they treated her presentation like it was something
icky,” said Bonnie Jones, mother of the Mt. Woodson Elementary School
student. “Harvey Milk was an
elected official in this state and an important person in history. To
say my daughter’s presentation is
’sex education’ because Harvey Milk happened to be gay is completely
wrong.”
The assignment, part of an
independent research project class, was originally to prepare a written report
on any topic. Natalie Jones, who
was inspired to write about Harvey Milk after watching Sean Penn win an Academy
Award for portraying him, got a score of 49 out of a possible 50 points on the
written report. Students were then
told to make PowerPoint presentations about their reports, which they
would show
to other students in the class. The
day before Natalie was to give her 12-page presentation she was called into the
principal’s office and told she couldn’t do so.
When Bonnie Jones spoke with the
superintendent about the presentation, he said Natalie couldn’t give her
presentation because of a district board policy on “Family Life/Sex
Education.” A few days later, the
school sent letters to parents of students in the class, explaining that her
presentation would be held during a lunch recess on May 8, and that students
could only attend if they had parental permission.
“The principal and superintendent
grossly misinterpreted school policy.
They illegally censored student speech protected by the First Amendment
and the California Education Code,” said David
Blair-Loy, Legal Director of the ACLU of San Diego and
Imperial
Counties. “Writing or talking about a gay
historical figure who advocated for equal rights for LGBT Californians is in no
way the same thing as talking about sex, and school officials should
not pretend
otherwise.”
The Ramona Unified School
District policy on “Family Life/Sex
Education” reads in part:
“(P)arents/guardians shall be
notified in writing about any instruction in which human reproductive
organs and
their functions, processes, or sexually transmitted diseases are described,
illustrated, or discussed. In
addition, before any instruction on family life, human sexuality, AIDS or
sexually transmitted diseases is given, the parent/guardian shall be provided
with written notice explaining that the instruction will be
given…”
“Schools that act as if any mention
of the existence of gay people is something too controversial or ’sensitive’ to
discuss are doing a disservice to their students,” said Elizabeth
Gill, a staff attorney with the ACLU’s
national LGBT Project. “This school
completely overstepped its bounds in trying to silence Natalie Jones
by shunting
her presentation off to a lunch recess time and misusing a school policy to
justify requiring parental permission to see it.”
In today’s letter, the ACLU is
demanding that the school:
·
Apologize in writing to Natalie
Jones and send a letter about that apology to all the parents who were sent the
principal’s letter about the presentation
·
Give
Natalie Jones an opportunity to give her presentation to all the other members
of her independent research project class
·
Clarify
in writing that the parental notification and permission portion of the “Family
Life/Sex Education” policy only applies to the curricula identified as “course
content” for “Family Life/Sex Education instruction”
The ACLU is giving the district
five days to respond or it may file a lawsuit on Bonnie and Natalie Jones’s
behalf.
Harvey Milk, one of Time Magazine’s “Time 100 Heroes and
Icons of the 20th Century” in 1999, has been the subject of several books, an
opera, a documentary film that won the 1984 Academy Award for Documentary
Feature, and a feature film released last year that won two Academy Awards for
Best Original Screenplay and Best Actor.
Milk’s birthday, the subject of a bill pending in the California legislature
that would make it a state holiday, is this Friday.
For additional information,
including copies of Natalie Jones’s presentation on Harvey Milk, the school’s
letter to parents, and the Ramona U.S.D. “Family Life/Sex Education” policy,
visit http://www.aclu.org/Milk.
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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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Gay Students at a Kentucky High School Report Not Being Able to Use the Restroom because of their Sexual Orientation
Kentucky Equality Federation received reports that a Franklin County High School official allegedly sent an email to teachers instructing them not to allow homosexuals to leave class to use the restroom.
Frankfort, KY — Kentucky Equality Federation received reports that a Franklin County High School official allegedly sent an email to teachers instructing them not to allow homosexuals to leave class to use the restroom.
The email was allegedly sent after two female classmates were caught kissing in the public restroom.
In response, 15 students protested outside the school yesterday.
“My daughter was involved in a protest at Franklin County High School yesterday for their right to use the restroom,” stated Michelle Sexton.
“I have been in contact with one of the parents of the children involved in the protest and we support their constitutional right to assemble peacefully,” stated Kentucky Equality Federation President Jordan Palmer. “We call on the media to investigate this issue further and shed light on the discrimination gays and lesbians face throughout the Commonwealth. Kentucky Equality Federation will also be contacting the other parents of the children involved in today’s protest.”
Though Superintendent Harrie Buecker stated steps are being taken to address the students’ concerns, Kentucky Equality Federation is concerned they will not be addressed properly. Though not directly connected, Kentucky Equality Federation has received similar complaints in Casey, Pulaski, and Powell counties about unfair treatment of gay and lesbian students and teachers.
“I’d like to know what level this mentality, that gay and lesbian students should not be treated equally is coming from. An incident in one county could be called an isolated incident, but we now have similar reports in three other Kentucky Counties,” stated Kentucky Equality Federation Managing Director Laura Reed.
Kentucky Equality Federation will continue its own investigation and assist parents or students in filing any necessary complaints with Kentucky officials.
Palmer added that assembling together in a peaceful manner is the most basic right granted by the Kentucky Constitution, and that Kentucky Equality Federation had contacted the Office of Helen W. Mountjoy, Kentucky’s Secretary of Education for assistance in resolving the issues.
Kentucky Equality Federation offers an online complaint system for people around the Commonwealth to report discrimination or harassment. The online complaint system can be located at www.kyLGBT.org, or www.kyequality.org.
—
Kentucky Equality Federation is Kentucky’s largest statewide, grassroots LGBTI civil rights organization.
Kentucky Equality Federation is the sponsor of Marriage Equality Kentucky. For additional information, visit http://www.marriageequalityky.org/.
Kentucky Equality Federation is a member of the International Lesbian and Gay Association (”ILGA”). Composed of over 600 member organizations around the world, ILGA is to this day the only international non-profit and non-governmental community-based federation dedicated to achieving equal rights for lesbian, gay, bisexual and transgender (LGBT) people at the United Nations.
Kentucky Equality Federation is a member of Marriage Equality USA.
* Tags = gay men gay news lesbian news transgender bisexual
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In Military, New Debate Over Policy Toward Gays
WEST POINT, N.Y. — Here at the military academy that is nearly as old as the nation itself, two cadets recently engaged in a modern debate: whether they agreed with President Obama’s pledge to end the “don’t ask, don’t tell” policy and allow gay men and lesbians to serve openly.
“From what I’ve heard from my classmates, people are kind of against it,” said Daniel Szatkowski, a senior from Edmond, Okla. But Adrienne Rolle, a senior from Brooklyn, said she had no problem with lifting the ban, although she said that some of her male classmates did.
“People are more comfortable with ignorance,” Cadet Rolle said of the reality that gay men and lesbians already serve in the military.
West Point is not a perfect microcosm of the armed forces, but recent conversations with the cadets who will become the Army’s next generation of leaders reflect uncertainty about what Defense Secretary Robert M. Gates has characterized as a “complex and difficult problem.”
While Mr. Obama has promised to get rid of the 16-year-old policy that allows gay men and lesbians to serve only if they keep their sexual orientation secret, Mr. Gates has said that both he and the president want to push the issue “down the road a bit.”
Advocacy groups have stepped into the vacuum. The Servicemembers Legal Defense Network, which represents some of the 13,000 gay men and lesbians discharged from the military since the policy took effect, is intensifying lobbying efforts on Capitol Hill — changing the policy requires legislation — and calling on the president to make good on his word.
“If he doesn’t speak up, he’s going to end up O.K.’ing the firing of service members for being gay,” said Aubrey Sarvis, the group’s executive director.
In recent years, prominent retired generals and admirals have also urged repeal, among them Gen. John M. Shalikashvili, who was chairman of the Joint Chiefs of Staff when the policy was adopted after a blowup over the issue in the early days of the Clinton administration.
On the other side, some 1,000 retired officers supported by the conservative Center for Military Readiness sent an “open letter” to Mr. Obama saying they were “greatly concerned” about the impact of repeal on recruitment, morale and unit cohesion.
“How would women in the military feel if they were required to accommodate men in their private quarters?” said Elaine Donnelly, the center’s president.
Col. Thomas A. Kolditz, the chairman of West Point’s department of behavioral sciences and leadership who discusses “don’t ask, don’t tell” in his classes, said that cadets were roughly split for and against openly gay service but that most did not feel strongly about their views.
See In Military, New Debate Over Policy Toward Gays
New York Times* Tags = gay men gay news lesbian news transgender bisexual
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Domestic Disturbances: Dude, You’ve Got Problems
Early this month, Carl Joseph Walker-Hoover, an 11-year-old boy from Springfield, Mass., hanged himself after months of incessantly being hounded by his classmates for being “gay.” (He was not; but did, apparently, like to do well in school.)
In March, 2007, 17-year-old Eric Mohat shot himself in the head, after a long-term tormentor told him in class, “Why don’t you go home and shoot yourself; no one will miss you.” Eric liked theater, played the piano and wore bright clothing, a lawyer for his family told ABC news, and so had long been subject to taunts of “gay,” “fag,” “queer” and “homo.”
Teachers and school administrators, the Mohats’ lawsuit now asserts, did nothing.
We should do something to get this insanity under control. See Domestic Disturbances: Dude, You’ve Got Problems
To the bully, calling a boy “gay” rarely refers to sexuality, Judith Warner writes. * Tags = gay men gay news lesbian news transgender bisexual
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Mother calls for change after son’s suicide
A mother whose 11-year-old son took his own life this week is speaking out. She says her son, Carl Joseph Walker Hoover, was constantly bullied at school in the weeks leading up to his death.
Sirdeander Walker: I called his name and he didn’t respond. So I went upstairs to get Carl — and um. I found him, you know. I found him. My baby.
What happened to 44-year old Sirdeaner walker is any parent’s worst nightmare. On Monday evening, she found her 11-year old son, Carl, dead in his bedroom. He had committed suicide by hanging himself with an extension cord.
Sirdeaner Walker: It was just unbelievable to me. I thought I was in a dream. I thought I was in a nightmare. I couldn’t lift him - so all I could do was scream.
In the days since, Sirdeaner and her close family - have been asking the question why? They say Carl was a great kid who loved sports and was involved in many community organizations and attended church every Sunday. The answer, they believe, can be traced to the cruelty of some of his classmates at the New Leadership charter school in Springfield.
Sirdeander Walker: He was being teased at the school - he was being made fun of - he was being bullied. A lot of it surrounded by “you act gay,” “are you gay.”
Walker, captain of the 6th grade parent teacher organization says the bullying has been going on all year — she knew Carl had been upset by it and had alerted the school.
See Mother calls for change after son’s suicide NECN
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