High school sophomore Alana Flores was understandably terrified by the graffiti scrawled across her locker: 'Die, dyke.'
The Northern California student says she repeatedly begged school officials to put an end to the death threats, pornographic pictures and crude notes taped to her locker. Not only did school officials do nothing to stop her anti-gay tormentors, she says, but also an assistant principal demanded to know whether Alana was gay. Alana, who is gay but had not then even come out to herself, said no. 'Why are you crying then?' the assistant principal allegedly responded, before warning Alana not to bring this 'disgusting trash'—vulgar photos and notes stuck to her locker—to her again.
Unfortunately, Alana's story of how she was treated in the Morgan Hill School District, a bedroom community of high-tech San Jose, is not unique.
Other Morgan Hill students—some as young as elementary school—recount telling school officials that classmates were calling them 'fag' and 'dyke,' making lewd gestures, and throwing food and other things at them. An anti-gay bully even broke one child's glasses. Distraught over the abusive environment, one lesbian junior dropped out of school. And a middle school boy had to be hospitalized after he was allegedly kicked and hit by six boys at a school bus stop. Only one of his alleged assailants was punished, court documents say, and the beating victim was transferred to another school.
The lawsuit brought by six remarkably brave youths, who say they suffered years of anti-gay torment while officials did little or nothing to protect them, recently led to a breakthrough federal court ruling that will reverberate through the hallways of every school in America.
On April 8, the Ninth Circuit Court of Appeals, which covers Western states, declared that school officials must stop anti-gay bullying and can be held legally liable if they don't. Ordering a trial over the students' claims, the court noted 'deliberate indifference' by officials and rejected their contention that the law didn't make clear they had to halt anti-gay harassment during period of the alleged abuse, 1991-'98.
'This ruling is breathtaking,' cheered American Civil Liberties Union attorney Matt Coles, who assisted in the lawsuit. 'Every school district in the country knows they have a problem. This case says you ignore it at your peril.'
Attorney Kate Kendell, head of the National Center for Lesbian Rights, agreed: 'Nearly every successful adult can look back at their history and point to a teacher who was enormously influential in their lives. These students look back to their school experience and point to teachers as passive participants in the harassment. What the ruling makes clear is whether school officials care or not, the law is going to intervene.'
Many of us who are gay recall being nearly as frightened of school officials finding out that we were being taunted as we were of the actual abuse we suffered. But today, a series of court rulings make clear that young people and their parents can demand that school officials create environments where all children feel safe.
If you are a young person who is enduring anti-gay bullying at school, tell an adult that you trust—your mom, dad, teacher or principal. If the bullying isn't stopped, contact one of the three main gay-rights groups working to protect kids like you—the ACLU, the NCLR, and Lambda Legal Defense and Education Fund ( alcu.org; nclrights.org; lambdalegal.org ) .
You have a right to be safe at school. And your teachers and principal are legally obligated to protect you. Even though in the beginning it feels frightening to stand up for yourself and other kids who are too fearful to ask for help, know in your heart that millions of adults, including me, are rooting for you.
And remember what Alana, now 24, says: 'I do carry scars, but in hindsight, ( fighting back ) created who I am today. ... It really helped me become proud of myself.'
Deb Price of The Detroit News writes the first nationally syndicated column on gay issues and is the co-author of 'Courting Justice: Gay Men and Lesbians v. the Supreme Court.' To find out more about Deb Price and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate web page at www.creators.com .
COPYRIGHT 2003 CREATORS SYNDICATE
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