commentary
Do gays deserve equal time in schools?
Published Thursday, 08-Jun-2006 in issue 963
BEYOND THE BRIEFS
by Robert DeKoven
Last year I reported here about a young teen in Carlsbad who killed himself because he was being gay-baited at school. Then we reported that two former Poway High School students were awarded a total of approximately $300,000 by a San Diego jury. The jury ruled against Poway Union High School District for showing “deliberate indifference” to multiple complaints of anit-gay abuse in its schools. In a recent column I noted that a court ruling from the 9th Circuit Court of Appeals took notice of the “serious problem” our schools face with anti-gay violence and harassment, and the need to take corrective action to protect all.
It’s nothing new.
About five years ago, the Legislature passed a law requiring schools to correct the level of harassment directed at GLBT students and those perceived to be GLBT. Ironically, the great majority of these cases involve completely straight boys and girls who happen to be picked on because it’s still OK to pick on “fags” and “dykes.”
In response to the law, the state convened a task force, which recommended various measures schools needed to undertake to create a “safe” environment for all students.
Some of these measures included diversity training for school staff and anti-bullying lessons in schools.
One measure suggested that school curriculum include objective content about gays and lesbians. So instead of learning that gays and lesbians are deviants, child molesters or worse, students studying civil rights would learn that, among other groups, gays and lesbians have struggled for civil rights.
It’s not about equal time. The curriculum is 100-percent heterosexual and always will be. It used to be 100-percent white, male and Protestant. It’s gradually changed and now it’s our turn for inclusion.
State Senator Sheila Kuehl authored SB 1437. Here’s what it does, according to the Legislative analyst’s take on it: Existing law prohibits instruction or school-sponsored activities that reflect adversely upon persons because of their race, sex, color, creed, handicap, national origin or ancestry. This bill adds “sexual orientation” to this list.
Existing law also prohibits the State Board of Education and the governing board of any school district from adopting textbooks or other instructional materials that contain any matter that reflects adversely upon persons because of their race, sex, color, creed, handicap, national origin or ancestry. This bill adds “sexual orientation” to the list.
Furthermore, existing law prohibits a governing board from adopting instructional materials that contain any matter reflecting adversely upon persons because of their race, color, creed, national origin, ancestry, sex, handicap or occupation, or that contain any sectarian or denominational doctrine or propaganda contrary to law. Kuehl’s bill would revise the list to include race or ethnicity, gender, disability, nationality, sexual orientation, religion and occupation.
In practice, California law requires instruction in social sciences to include the early history of California and a study of the role and contributions of both men and women, African-Americans, American Indians, Mexicans, Asians, Pacific Islanders and other ethnic groups to the economic, political and social development of California and the United States, with particular emphasis on portraying the role of these groups in contemporary society. SB 1437 adds “people who are lesbian, gay, bisexual or transgender.”
Judging from the hyperbolic comments in the blogosphere, the California Legislature is set to order schools to teach same-sex sodomy on a daily basis. In teaching math classes, math teachers will have to discuss the gay aspects of geometry. English teachers will only be able to use books written by gay and lesbian authors. Teachers will not be allowed to criticize anyone who could be gay or lesbian.
All of this is truly absurd and reactionary.
Here’s the reality. Kuehl’s proposed law is already the law in California and throughout the United States. Federal and state laws allow badgered GLBT students to sue school districts for harassment.
They are harassed, and the damage awards (and fee awards) are hitting the millions, catching the eyes of trial lawyers. When a teacher makes derogatory comments intended to denigrate any protected group, it’s actionable.
If California taxpayers want to protect schools from billions of dollars in damages (e.g., the Catholic Church and abuse cases), it’s a good idea to have specific policies prohibiting staff from engaging in anti-gay conduct.
Robert DeKoven is a professor at California Western School of Law.
E-mail

Send the story “Do gays deserve equal time in schools?”

Recipient's e-mail: 
Your e-mail: 
Additional note: 
(optional) 
E-mail Story     Print Print Story     Share Bookmark & Share Story
Classifieds Place a Classified Ad Business Directory Real Estate
Contact Advertise About GLT