New Jersey’s fast on its way to being the most gay friendly state in the union. Not only are they totally down with gay civil unions, but the state’s Supreme Court has just ruled that schools are legally obligated to protect faglings from anti-gay bullying.
The court understands that the school can’t be bullying bullies willy-nilly, so gay students who seek to prosecute for protection must prove that they’ve gone to school officials and that they did nothing to stop it. Further, the ruling does not deem all harassment as basis for punishment.
365 Gay elaborates:
A student would have to complain to school officials that the bullying was based on his or her “perceived sexual orientation” and that the school district failed to reasonably address the problem the ruling said.
The court noted that school districts do not have to eradicate all types of harassment to avoid liability, but must show they have “implement effective preventive and remedial measures” to curb the discrimination.
“A school cannot be expected to shelter students from all instances of peer harassment,” Zazzali wrote. “Nevertheless, reasonable measures are required to protect our youth, a duty that schools are more than capable of performing.”
So, basically schools need to stop bullying, but not all bullying, and there’s really no way to prove the basis of said bullying?
We should have been lawyers, it sounds like a snap!