If you’d argue the Bush administration’s Justice Department would’ve taken this case, we gladly would’ve taken your bet. But Obama’s DoJ — the same one that’s defending the Defense of Marriage Act — is now joining a battle to protect a now-15-year-old upstate New York boy who faced daily torment by classmates for acting effeminate, while school administrators, fully aware of the harassment, allegedly stood by doing nothing. And DoJ’s case hinges on a little thing called Title IX.
Generally reserved for blocking discrimination based on gender, Title IX will be used by DoJ to argue that gender stereotyping — rather than gender alone — is covered by the law.
The case centers around Jacob, who came out at 14, but even before then faced a lunchroom where students threw food at him. “Over two years, Sullivan went to his son’s school three or four times a week to talk with the principal,” relays NPR. “According to court papers, officials did nothing. The harassment became so bad that Jacob changed school districts. With the help of the New York Civil Liberties Union, Sullivan eventually sued.”
The move by DoJ is perhaps the boldest yet under Tom Perez (pictured), Obama’s so-called civil rights czar, who’s heading up Justice’s Civil Rights Division. You’ll remember him as the guy who, on a mission to “recharge” the division after Bush’s lax regime, said he’d use his post to protect LGBTs. (Perez is also the guy who, under Attorney General Eric Holder, is letting one-half of a gay couple be deported, because the United States doesn’t recognize their marriage.)
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And while few will debate whether any kid, LGBT or otherwise, should be subject to harassment at school, there is an argument over whether Title IX can be used so broadly.
“They are making up a legal violation where there hasn’t been one,” says Roger Clegg of the Center for Equal Opportunity, who worked in the Civil Rights Division under President Reagan and the first President Bush. While he condemns bullying and harassment, Clegg disagrees with the Obama administration’s interpretation of federal law in this case.
“If the Civil Rights Division and the Obama administration want to propose that Title IX be amended to include sexual orientation, that’s something they can do and that can be debated in Congress,” Clegg says. “But Congress has not passed a law that deals with discrimination on the basis of sexual orientation.”
Not so, says Gorenberg of Lambda Legal.
“We have clear interpretations out of many federal courts that clearly set forth that Title IX protects against sex stereotyping,” she says.
While some courts have ruled that Title IX covers gender expression and sexual orientation, the law remains murky in this area. Gay and lesbian advocates hope this will be the case that establishes the principle more firmly.
Well, that will be decided in the courts. In the meantime, let’s appreciate this for what it is: The Obama administration making a (much needed!) public step into the fray of school bullying, and selecting a case straight out of the horrors of Jaheem Herreras. Whether the Title IX argument works in front of a judge is one thing; whether it’s a signal of DoJ’s commitment to protecting LBGT youth is another.
bwr
Why do you start the article out in this way: “If you’d argue the Bush administration’s Justice Department would’ve taken this case, we gladly would’ve taken your bet.”?
Please explain.
Thanks.
sal(the original)
sad…hope that kid gets justice
Same Crap
Just when I thought a queerty post couldn’t be more of clusterfuck of nonsense and illogic, I go ahead and read this.
Prof. O.G. Whataschnozell
It’s sad after a google search that the Fox Noise Network was the only thing “close” to credible that I could find who covered the opening of the Harvey Milk School in NYC back in 2003 but I wanted to point out that here (NYC) such a high school does exist for gay kids. The Washington Post and Chicago Times offered what amounted to “tidbits” about it so I will let you do your own google search and go from there.
Here is my “question” about this type of environment though: does going to a HS with “ONLY” gay kids and gay friendly teachers do more to inspire students to achieve and strive for excellence than if they had to stare down their tormentors every day? (Yes I think it would)
Or does it offer them a sense of false security in the sense that the entire world is accepting of them but once they graduate many of them find a rude awakening awaiting them? (Possibly, but I think a loving home environment should solve this problem).
Since the school opened in 2003 I think interviews with some of the graduates is long over due. I would like to know what happened after graduation. As a matter of fact the first class should have graduated from college by now.
tjr101
@bwr:
I think Queerty is saying that it’s obvious the Bush Administration would not have gotten involved in this case for fear of appearing sympathetic to LGBT citizens and offending their rabid right-wing base. After all, civil -rights issues was in fact a non-issue for 8 years under Bush.
terrwill
@Prof. O.G. Whataschnozell:
Thing is this, in HS you are dealing with a of kids who still are basically that: kids. They are still dealing with their own sexuality and have a level of immmaturity. Many of them still unsure if they want a hole or a pole will act out towards Gay students. To have the kids who have been tormented move into an accepting enviroment is well worth the effort. Its amazing that Faux News even had a nugget about the Harvey Milk school which has been in NYC for quite a long time. Point being is that once they finish their HS years, they then segue into college, where almost any campus will be Gay accepting and there are many outlets for a Gay student to be accepted………….
Dasher
Whether Title IX can be stretched and pushed to cover the horrible negligence and incompetence and other wrongs done by
the School District in this case remains to be seen. As I understand it, the DoJ is intervening in the case as an additional plaintiff with a brand new cause of action under Title IX.
I haven’t read the complaint, but assume the victim already sued under Title 42, Section 1983 (Civil Rights action), plus
14th Amendment (Equal Protection Clause), plus whatever provisions of New York State law might apply, plus any common law claims.
Assuming the DoJ’s Motion to Intervene is granted, and their Motion to Amend Complaint is granted, it is always nice to have the United States along with you as a plaintiff. But this case sounds so strong, the victim would probably have done just fine without it.
Persa
Also, the argument that kids who go to Harvey Milk are isolated from “the real world” makes no sense. These are city kids, New York City kids who travel the subways and live in the five boroughs of New York. Many of them have been abused and beaten and kicked out of their homes for being gay or lesbian or transgendered. They know plenty about the real world.
Also, they are not isolated in some upstate boarding school of gay rainbow sunshine. They are interacting with all of the other students from the many other academic institutions (college and high school) bordering Astor Place (where the school is located)
The kids that go to Harvey Milk have already suffered the slings and arrows, that’s why they apply to attend Harvey Milk in the first place. You don’t have to be a gay teen to go to the school though.
My nephew is gay and 15 and he moved to NYC from upstate New York specifically so that he could attend because he was being bullied so badly and he has a very queer and queer friendly home life and we didn’t want him to suffer even one more day about being himself. We wanted him to get to succeed academically and date and go to prom and be a regular teen and he loves it.
The big bad world is always there, all around these kids, on their block, on the subway, on the bus to and from school.
With all the attention being paid to charter schools, there should be MORE schools like Harvey Milk that make it their mission to fight prejudice and bias and provide a safe, fun and academically rigorous environment for teens who might otherwise be more subjected teasing and abuse for being queer.
Many of us suffered through high school bullying (some severe and some not so much) but if I had the choice to do it again and there was a Harvey Milk in my day (the early 90s), I’d have applied in a heartbeat!!
dontblamemeivotedforhillary
It is at the worst possible state of harassment as it has ever been for queer and gender-variant youth. The extermination of Gays is culturally accepted throughout the world as instructed by media, music and video games and peer pressure. It has been ‘Lord of the Flies’ for gays since we were a concept in the wider ignorant community.
Prof. O.G. Whataschnozell
@Persa: @terrwill: Thank you both. Terrwill the points you brought up are exactly why I am now obsessed with hearing from the graduates and how they faired during and after HS. Now I am on an internet hunt to find out if any follow-up has been done on the graduates.
If by chance anyone knows of a follow up on the graduates please let this board know before the article closes. Thanks again.
terrwill
@Prof. O.G. Whataschnozell: Why not simply contact the school, I am farily certain they would be more than willing to share some of the grads success stories……………
Prof. O.G. Whataschnozell
@terrwill: I had thought about doing that today is a holiday. I balked at first because I am sure they get more than their fair share of crackpots and people who have “other” intentions, if you know what I mean, for wanting to know about their students.
But now that you mention it, there might be an article already done on them and for some reason it is not coming up on a search. I am really shocked that there is no NYTimes article before or after. That is one paper (NYTimes) that has really lost it’s luster.
The NYPost did have something but it was about the opening of the school and besides, just like the majority of other NY’ers I would use the NYPost for nothing other than picking up dog shit off the street ($100 fine for littering if you do not pick up after you dog in NYC). Rupert Murdoch owns the NYPost, so need I say anything more? Yes, that’s just how bad I despise them (Murdoch and Fox Noise Network).
But thanks again and I am going to call the school and follow up on it and I will let you know if there is. Hopefully this article will still be posted.
dontblamemeivotedforhillary
terrwill and Prof. O.G. Whataschnozell are creepy!
Prof. O.G. Whataschnozell
@dontblamemeivotedforhillary: Who else but a fellow creep could have recognized it?
reason
Well the one negative aspect that I can see from creating schools like Harvey Milk is segregation. It has short term benefits like being in a safe and accepting environment, and this day in age they are likely getting an equal quality of education. The downside is you are pulling that gay visibility and proximity out of the other schools. Proximity is a high tech machine in the war against discrimination because when there is actual interaction the straight kids discover that a lot of the stereotypes and egregious beliefs that are trumpeted are without merit. These positive interactions and engagements is what changes minds and is creating a younger generation that is more accepting. That exposure is best in the straight communities’ formative years when their perceptions, personalities, and belief systems are still being shaped. In the end, after school is over the gays are still going to have to live and work in a straight world: segregation is only going to take the progress in the straight community backwards making it more difficult. I do understand that there is a flip-side of the coin and the impact of being bullied and mistreated can have a strongly negative impact on self-esteem thus decreasing life achievement and satisfaction. I also understand that in this period in American history no one wants to be the sacrificial lamb that suffers the abuse for the future and greater good; even I am at fault as I certainly made no steps to come out and bare the suffering in my conservative Texas high school, although with no openly gay kids or adults I truly would have been fighting alone.
Prof. O.G. Whataschnozell
@reason: Thank you for your comment. That is why I am wondering what have the kids in the first graduating class have done with their lives and what are their views on life now as compared to when they first entered the school.
Are they more/less likely to support gay marriage, attend church, self-employed, attend mix couple parties/events, sports enthusiasts? I know they are not test tube babies but a lot of kids (myself included) did not feel comfortable playing sports for varying reasons but there (at Milk High) they had all gay teammates.
There is a lot to be learned from young men and women educated with other gay kids and quite possibly by gay teachers as well.
Here in NYC there is a gay educators delegation that march in every gay pride parade down 5th ave. and I find it hard to believe they are not present at Milk.
It just seems so hard to believe no major newspaper cared enough to ever check. Or is that the plan? Why inspire “trouble-makers” to succeed only to have to face them on an equal level later on down the road? And gay is clearly the new bla……..anyway, enough said.
terrwill
@dontblamemeivotedforhillary: Sorry dude, can’t find anyting “creepy” in my defending tormented Gay kids and then simply offering a suggestion to the good Perfesser in finding out how said kids are doing now that they are adults. I find it creepy that someone would find that creepy…… guilty conscience?????…………