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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (June 4, 1999)
r?ÌT7TìT7ÌTI news T he C ourteous C ourt Two recent U.S. Supreme Court rulings demonstrate the justices' compassion and earn accolades from queer activists by Bob Roehr sharply divided U.S. Supreme bian, Straight Education Network, calls the Court ruled that school adminis- decision “a message that school officials can’t trators may be held liable for afford to ignore.” / % ignoring sexual harassment But he laments that “more often than not, when schools create safe school plans, they A, J i * among students. often fail to remember that these policies need In a 5-4 decision, the court said that, under a to include LG BT students.” 1972 federal law known as Title IX, schools can One school administrator told The Washing be forced to pay damages for responding with ton Post he couldn’t imagine a situation in which deliberate indifference to a students severe and repeated complaints about harassment would go pervasive sexual harassment by another student. The ruling in Davis vs. Monroe County Board of ignored by school officials. “But I hear of those situations every single Education was issued May 24. Justice Sandra Day O ’Connor, writing for day,” Carey says. “He can’t imagine that, and yet gay students can’t imagine the school respond the majority, limited liability to cases in which ing in a positive way when they are being administrators act “with deliberate indifference to known acts of harass- m ment” and where the g harassment “is so severe, m pervasive and objectively “ offensive that it effectively “ bars the victim’s access to an educational opportunity or benefit.” Justice Anthony Kennedy wrote a scathing dissent for the minority, arguing that adolescent behavior is an accepted part of the school environment and that the intent of Title IX was never to inject the federal government into the local classroom. The National School Boards Association had filed a brief in opposition to Davis but embraced the decision as a reasonable standard. Spokeswoman Anne Rea Carey Bryant says if schools imple ment tough and clear sexual harassment poli harassed. So there is some dissonance between the perception of some school administrators cies, they will be less vulnerable to lawsuits. Beatrice Dohm, legal director for the Lamb and the reality of gay youth in schools.” Minter adds: “The biggest stumbling block is da Legal Defense and Education Fund, was getting schools past their denial about this issue. pleased by the decision. She notes a similarity between sexual harass It’s astonishing how difficult it is to get that mes sage home.” ment and sexual orientation harassment: “The Carey, meanwhile, urges the gay community line starts to blur in the context of schools. “to take advantage of this historic opportunity What we have is all kinds of very crude sexual and work in partnership with school systems to and sexualized behavior and words. So it is rare make sure that they do the right thing.” that you have anti-gay harassment that you couldn’t genuinely say is sexual harassment.” he high court also ruled that workers with Shannon Minter anxiously awaited the deci disabilities do not lose the workplace pro sion, and was concerned by the questions the tection of the Americans with Disabilities Act if justices asked during oral arguments, fearing they would “come down on the wrong side of they apply for Social Security Disability Insur ance. this." However, the attorney with the National The 9-0 decision in Cleveland vs. Policy Man Center for Lesbian Rights was “absolutely agement Systems also came on May 24- thrilled” by the outcome. Justice Stephen Breyer wrote that the laws “I’m jumping up and down with joy,” says “can comfortably exist side by side.” He noted Rea Carey, executive director of the National that it is common for people to simultaneously Youth Advocacy Coalition. “It is an incredibly pursue two different legal approaches to an issue. powerful decision for any student in school. The “This ruling spares people with disabilities Supreme Court is saying that schools need to from having to make the impossible choice start listening to students.” Minter says the May 24 ruling “sends a mes between food and work,” says Catherine Hanssens, a Lambda Legal Defense and Educa sage that the Supreme Court does care” about tion Fund attorney. (The organization filed a harassed students. “It is incredibly encouraging to see that Jus brief with the court arguing this position.) She says the decision will be particularly use tice O ’Connor really understood what was at ful for people with HIV who may seek to leave stake,” says Minter, who is preparing a Califor nia-based class action suit by a handful of les and re-enter the workplace depending on their bian and gay students who claim they have suf health status. fered anti-gay harassment. Jim Anderson, spokesman for the Gay, Les i A f V. T ▼Proudly CELEBRATING a decade serving Our Community's real estate needs, & 3 0 + years in the struggle for human rights! ▼ Buying or Selling...? Make your Move with Millynn ...this Millennium! 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