Kentucky students can't skip anti-gay harassment training

Lexington Herald via First Amendment Center ^ | February 19, 2006

[Coleus]

ASHLAND, Ky. — Students have no religious or free-speech right to opt-out of school training aimed at stopping anti-gay harassment in Boyd County schools, a federal judge has ruled.

U.S. District Judge David Bunning said "there is simply no basis for an opt-out" because the training does not endorse any viewpoint or require students to disavow their religious beliefs. Three students had skipped the mandatory sessions at Boyd County schools.

Bunning wrote in an opinion issued Feb. 17 that mandatory training "to address the issue of harassment at school, including harassment based upon actual or perceived sexual orientation, is rationally related to a legitimate educational goal, namely to maintain a safe environment."

The anti-gay harassment sessions were part of a settlement in 2004 of a three-year dispute between the school district and a now-defunct gay-rights group that wanted recognition as an extracurricular group.  To settle the case, the school district agreed to hold mandatory anti-gay harassment sessions for school administrators and students.

A student and two sets of parents sued the Boyd County Board of Education over that requirement, which penalized students with an unexcused absence if they did not attend the training.  The student, Timothy Allen Morrison II, his parents, Timothy and Mary Morrison, and two other parents, Brian Nolen and Debora Jones, were represented by the Alliance Defense Fund, a Scottsdale, Ariz.-based legal foundation that takes on religious-rights cases.

The group claims the training violates Morrison's right to follow his religious beliefs because it prohibits him from telling gays that those who engage in destructive lifestyles, like homosexuality, are wrong.  The American Civil Liberties Union joined the case on behalf of the school district in an effort to keep the training classes in place.

"Just telling students not to pick on others because of their sexual orientation or gender identity doesn't force them to change their beliefs, and the judge agreed with us about that," said Sharon McGowan, a staff attorney with the ACLU's national Lesbian and Gay Rights Project.

Related

Kentucky gay-straight group can meet at high school
Federal judge orders Boyd County school district to treat new Gay-Straight Alliance no differently than Bible club. 04.21.03

Debating homosexuality in schools: Censorship doesn’t work
By Charles C. Haynes Trying to stifle speech for or against homosexuality rides on false hope that harmony, tolerance will prevail if no one is allowed to say anything that might offend anyone. 08.24.03

[phelanw]

In West Virginia v. Barnette, the Supreme Court wrote:

If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. If there are any circumstances which permit an exception, they do not now occur to us.

Now the liberals want to change their tune. WVa couldn't force a flag salute/pledge recitiation, but the school can require indoctrination on this topic? I can't believe this would fly with the Supremes.

[planekT]

Point it back at them then.

[gidget7]

KY tried that, it wasn't specific enough for the ACLU.

Ashland needs to do exactly what other towns in KY did, told the aclu to pound sand. Judges cannot make law, its just a ruling.

[Fintan]

U.S. District Judge David Bunning said "there is simply no basis for an opt-out" because the training does not endorse any viewpoint...

 

Uh...did I miss something here?

[gidget7]

No one approves of harassment, but a simple "no bullying or harassing of any student" rule was not enough for the homoagenda.

[Galveston Grl]

They always say all they want to do is teach normal kids not to be mean to gay people. Everyone agrees with that.

But...in reality they have decided they need to normalize their sex for kids so that kids are not grossed out by it and have bad feelings about what makes homosexuals homosexuals.

[little jeremiah]

Thanks for alerting me. In case you run into any other relevant articles, DirtyHarryY2K and DBeers are running the Homosexual Agenda pinglist for the time being.

Thanks!

One for you, guys. I would have thought Kentuckians would have more guts and conservative values than to go for this crap. What this proves (as if we need any more proof) that those who run government schools have their heads firmly planted where the sun does not shine and never will.

[gidget7]

"I can't believe this would fly with the Supremes."

Depends on if those supremes are state or federal. MA supremes have tried to force it. Federal courts have so far refused to hear the cases, as it is a state issue. We tried. Until a parent sues and can show damages, and then takes it all the way to SC, they don't hear the cases.

[gidget7]

They say a lot of things. None of it is based in fact.

[Uncle Miltie]

Show up in a dress, guys.

[Stellar Dendrite]

http://www.newtotalitarians.com/HomoSensTrng.html
A Small-Group Encounter 'Sensitivity Training' Session



http://www.newtotalitarians.com/WhatIsSensitivityTraining.html
What is 'Sensitivity Training?'

[peggybac]

I am surprised only 3 set of parents refused to go to this indoctrination. Also, a school has no right to introduce homosexuality to children which this class may do - I understand it to be for all students K-12? This makes me sick.

[Coleus]

Uh...did I miss something here? >>

uh, yes, glad that you asked.

[impatient]

Uh...did I miss something here?

"because the training does not endorse any viewpoint...other than that which is in accord with the doctrines of the religious left"

The left has apparently exempted their own religion from the 1st Amendment's Establishment Clause.

[SuziQ]

Hmmm. I wonder if the anti-harassment training also includes not harassing those who express religious points of view?

[LK44-40]

This makes me sick.

Makes me sick, too.

The judge said that this indoctrination " is rationally related to a legitimate educational goal, namely to maintain a safe environment." I think it ~diminishes~ safety and a calm educational environment.

This kind of program makes it safe for histrionic gay males to prance around and put their gayness in everyone's face. I don't think this will be "safe."

I think it is safer -- in conservative communities -- for gays to keep their mouths shut and behave themselves like everyone else. I doubt very much that anyone will investigate them to uncover covert gays and harass them.

[LK44-40]

This makes me sick.

Makes me sick, too.

The judge said that this indoctrination " is rationally related to a legitimate educational goal, namely to maintain a safe environment." I think it ~diminishes~ safety and a calm educational environment.

This kind of program makes it safe for histrionic gay males to prance around and put their gayness in everyone's face. I don't think this will be "safe."

I think it is safer -- in conservative communities -- for gays to keep their mouths shut and behave themselves like everyone else. I doubt very much that anyone will investigate them to uncover covert gays and harass them.

[tflabo]

These sicko gays and lezzies.....it's always about THEIR little perverted sex issues and how we all need to be SENSITIVE to their trysts. The F... with them all...why should they get any special treatment when in fact their sexually perverted lifestyle poses great health risks from STD's, AIDS and other related lifestyle diseases. Go back in the closets you perverted little selfish socialists and practice your diseases there.

[darkangel82]

If you can prove that they're violating some federal law(which they almost certainly are), then it is not a state issue.

[kcvl]

Sharon McGowan, a staff attorney with the national ACLU’s Lesbian and Gay Rights Project.

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