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State laws require schools to ignore GLBTs
Published Thursday, 21-Aug-2003 in issue 817
BEYOND THE BRIEFS
by Rob DeKoven
Now that the U.S. Supreme Court, in Lawrence v. Texas, has stated homosexual behavior is protected by the Constitution, one would assume that all states would examine their statutes and delete all laws that show bias against gays and lesbians. That’s not going to happen — at least not without prodding.
The area that concerns me the most is education. We don’t need another generation of GLBT youth growing up thinking that they are abnormal. More important, we certainly don’t need another generation of straight youth thinking GLBT folks are sexual deviants who prey upon small children and lead a “lifestyle,” whatever that is.
Even though Lawrence declares gays should have the same respect and rights as heterosexuals, don’t expect school districts to change curricula.
First, school boards contend that any mention of gay anything belongs in a sex education curriculum. Therefore, a teacher may not mention that the Supreme Court has declared the Constitution protects gays and lesbians.
Some school districts contend that talking about anything “gay” is talking about sodomy and not appropriate for class discussion.
Somehow, when heterosexual teachers talk about their partners and spouses it is talk about life. When a gay teacher talks about his partner or boyfriend, it’s a discussion of homosexuality.
It’s a silly double standard. Defining a group of people by a sexual act is absurd. Nevertheless, this double standard is still the norm in our nation’s schools.
If homosexuality gets any attention it is through sex education courses. About thirty-six states require some form of sexuality or reproduction education. The lessons generally occur within health or hygiene classes.
California requires schools to teach HIV/AIDS awareness and prevention, but even progressive California requires “teaching respect for monogamous heterosexual relationships.” In teaching against STDs, California teachers must emphasize abstinence from sex until marriage. (Cal. Educ. Code 51553).
While the federal government gives millions in grants to the states for HIV/AIDS prevention, states must agree to teach abstinence until marriage as the only certain means of preventing STDs and unwanted pregnancy. California is the only state not taking the money.
For gay and lesbian kids in our classrooms these “abstinence until marriage” laws make no sense. Considering we still can’t get married, the law conveys to gay and lesbian kids that they don’t count and that they must remain sexually abstinent for life. This may please the Pope, but no one else is happy.
We don’t need another generation of GLBT youth growing up thinking that they are abnormal.
Four states actually prohibit schools from teaching anything about homosexuality in sex education curricula (e.g., Alabama, Arizona, North Carolina, and South Carolina).
Alabama and North Carolina require that if there is any discussion of homosexuality in any classroom schools mention that homosexual acts are illegal. And while you may think states will update their laws after Lawrence, remember that Mississippi only recently removed its laws preventing interracial marriage.
South Carolina permits talk of homosexuality only in the context of sexually transmitted diseases.
Arizona prohibits characterizing homosexuality as a “safe or positive lifestyle.”
Utah prohibits schools from “promoting” or “advancing homosexuality.”
Louisiana prohibits the use of sexually explicit materials depicting homosexual activity.
Florida requires schools to promote the benefits of monogamous, heterosexual marriage.
Mississippi requires schools to teach that sex is only appropriate in the context of a monogamous heterosexual marriage.
Within “sexuality education,” the states require schools to show bias against GLBT people.
If teachers decide on their own to discuss GLBT issues, it’s legally treacherous. While California courts are likely to find for the teachers, other courts only insulate a teacher from firing if students initiated the talk.
Other courts take the view that the school board can control the content of the entire curriculum and can ban talk of gay issues, even if it’s a play with a gay character.
Openly gay and lesbian teachers outside of California are still not completely safe from being fired just because they are gay. In fact, one recent federal appellate court case upheld the firing of a lesbian teacher in a state where there are no laws protecting GLBTs from bias.
Rob DeKoven is a professor at California Western School of Law in San Diego.
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