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Supreme Court
debates rights
bg Rosanne King
The (J.S. Supreme Court finally took on the
controversial issue of gay rights in January,
including a full-scale public debate over the
constitutionality of an Oklahoma law enacted
to protect schoolchildren from teachers who
"profess homosexuality."
The state statute in guestion was passed by
the Oklahoma legislature in 1978 and allows
public schools to fire teachers who advocate,
promote or encourage public or private gay
activity in any wav which might "come to the
attention of schoolchildren or school
employees."
Challenged by the National Gay Task
Force, the law has never been applied to a
teacher.
Dennis W. Arrow, University of Oklahoma
law professor, argued on behalf of the Ok-
lahoma City Board of Education. According
to Arrow, rights of public schoolteachers may
be abridged in the interests of parents and
the state in protecting student morality.
Teachers would not be punished for pro
posing revisions in laws that would be favor
able to gay rights. Arrow maintained, but
would prevent the advocating of sodomy.
The task force's attorney. Laurence Tribe
of Harvard University, called the statute “ chil
ling" and "Draconian." The broadly-worded
law "tells teachers, you better shut up about
this topic, or, if you speak about it, you better
be hostile to homosexuality ," he said.
Chief Justice Warren E. Burger asked Tribe
if teachers might be treated differently since
they were considered role models for their
students. Tribe argued that one of the most
important facets of their job as role models is
to demonstrate "the value of open inquiry, of
free speech."
The National Gay Task Force maintains
that the morality of Oklahoma school children
is adequately protected under existing laws
and regulations in the state.
>•
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