Anti-Gay School Earns A Hard Slapdown
Posted on May 15th, 2008 by blue collar scientistThe principal, and at least some of the staff and/or teachers, at Ponce de Leon High School in Holmes County, Florida (about halfway between Pensacola and Tallahassee), have been enforcing an anti-gay policy since at least the beginning of this school year. The whole story started when a student, who was being harassed and threatened for being lesbian, tried to complain to the principal. Instead of insuring that his school was safe for all his students, principal David Davis instead began harassing and intimidating the student.
When other students at the school began to express their support for the lesbian student, Davis and his gang widened their intimidation campaign to include those students, singling out those who wore rainbows on their clothing, or the words “gay pride,” or even “I support my gay and lesbian friends.” They even suspended some of them.
Fortunately, at least one sixteen year old was smart enough to stand up to this small-minded tyranny. Her name is Heather Gillman, she sued the school, and she won.
And it’s no surprise. Gilman’s attorney contacted the school board’s attorney, asking for school policy on wearing rainbow clothing, the initials “G.P.” (for gay pride), and whether students could wear t-shirts that say “I support my gay friends.” The school board’s attorney responded (pdf):
As has clearly been shown at Ponce de Leon School in September of this year, the types of clothing and symbols your clients seek to wear to school will likely be disruptive and interfere with the educational process. Also, said symbols were used and can further be used by select students to show participation in an illegal organization as defined by the School Board….
Because of the occurrences at Ponce de Leon School over the last several months, none of the phrases, symbols, or images contained in your November 2, 2007, letter would be permitted to be worn by students at Ponce de Leon School.
What an awesome example of utter wingnut stupidity. Sixteen year old girls, considered just as bad as membership in Al Quaeda. Unbelievable.
Gillman and her attorneys decided to go to trial. It started day before yesterday; it was over yesterday. It is not hard to see why Gillman won - what principal David Davis said on the stand is even more insane than what the board’s attorney wrote:
…David Davis admitted under oath that he had banned students from wearing any clothing or symbols supporting equal rights for gay people.
Ok, this is merely stupid and unthinking. Not a model of what you want in a high school principal, but, unfortunately, not that uncommon. It gets better, though:
Davis also testified that he believed rainbows were “sexually suggestive” and would make students unable to study because they’d be picturing gay sex acts in their mind.
Seriously - read that again. David Davis is saying that if someone sees a rainbow, they are immediately going to have uncontrollable gay sex fantasies1. He said this on the stand. As a witness. In Federal court. Can you believe this buffoonery?
But that is not all. No, indeed. I’m guessing a few black people attend school at Ponce de Leon. Despite this:
The principal went on to admit that while censoring rainbows and gay pride messages he allowed students to wear other symbols many find controversial, such as the Confederate flag.
Right. So let’s get this straight. Seeing a rainbow and being plunged uncontrollably thereby into the sordid mental world of gay sex fantasies2 is disruptive to the educational process. Therefore rainbows have to be banned.
But sitting in class with three or four or ten kids wearing symbols of a political ideology that says they think that white people should be allowed to own you, breed you like cattle, determine what you are allowed to eat (if anything), prevent you getting married, stop you from ever owning property, and putting you to forced labor, and that the south should rise up in arms against the federal government to get their way on this, well, that is not disruptive at all.
And that, my friends, is total bullshit3.
The judge was Richard Smoak. He was appointed US District Judge for the Northern District of Florida by George W. Bush in 2005. (Judge Jones was also a Bush appointee.) His preliminary comments (pdf) in ordering the school to stop enforcing the policy include these gems:
The speech that is in question, that is exhibit 2, are certainly not sexual in meaning. To say that God loves me just the way I am, to find a sexual connotation in that, I think just can’t be made…. Two of the symbols with the spectrum of the rainbow, it’s hard to drive across town without seeing that on the bumper of a car in front of you, and I doubt that this was the first time that these young people had ever seen that.
About the “disruptions” claimed by the principal, he said from the bench:
I think a more reasonable perception of much that was said about the claimed interruption and disorder was really much the usual background noise of a middle and high school.
As to how the school dealt with the alleged disorder, which the judge has already concluded was overblown by the school administrators, he makes an excellent point:
I did not hear any evidence of any effort by the [principal] to deal with this fear of disorder or interruption by any other … means … than banning the speech and suspending the students who were promoting that speech.
Basically, the judge is slapping them down for unloading both barrels at the first sign of trouble, instead of acting like adults and, you know, talking to the kids:
And [the school] probably had an opportunity, as the courts have pointed out, in the learning environment of schools, where not just comfortable issues are to be learned or debated; that this would have been an opportunity for leadership, it would have been an opportunity for understanding and an opportunity for civil discourse and a learning opportunity about tolerance and diversity.
Unfortunately those opportunities were missed.
Damn right.
What about the secret, illegal organizations that the school claimed?
…when the ACLU wrote the School Board, I think it really gave a pretty clear notice of the contentions about the problems. But I was particularly concerned about the School Board’s response. I don’t know whether he [the school board's lawyer, quoted above] was the author of this strange notion about a secret organization or secret society, he really gave very short acknowledgement, almost a bump and run, to the requirements of Tinker and Holliman.
He goes on:
I really heard no real basis from the principal to warrant his fear that chaos was imminent.
Yes. Well, people who get lawyers and sue tend not to be engaging in arson or assault to settle their scores. Free access to the courts by all citizens for any purpose is one of the hallmarks of civilization as we know it. Civilized people sue; the alternative is to riot. Remember this the next time your congressperson wants to vote to give lawsuit immunity to their biggest campaign donor.
While many people, perhaps the Holmes County community disagree with the plaintiff, but I hope they will keep in mind that this is one of the most fundamental constitutional rights, that of the freedom of speech, and that we are not making up the law today. This law has been long settled by the United States Supreme Court….
The judicial goodness just goes on and on. The basic decision, some of the fine print excised, is below, then I’ll have my closing remarks, which are likely to upset a fair proportion of my readers.
I do declare that the defendants have violated the plaintiff’s rights protected under the first and 14th amendments of the United States Constitution, that the defendants … are permanently enjoined from restraining, prohibiting or suppressing the plaintiff or any other student within the Holmes County school district from expressing their support for the respect, equal treatment and fair accept answer of homosexuals and this includes but not limited to the phrases and symbols which appear on exhibit which is before us now.
…the enforcement of the defendant’s policies concerning expression related to illegal organizations or secret societies is applied to the as applied to the plaintiffs is enjoined.
Defendants are ordered to take such affirmative steps necessary to remediate the past restraints of the expression of the support for respect, equal treatment and acceptance of homosexuals, including but not limited to notifying in writing the Ponce de Leon High School student body and the middle school students and school officials within Holmes County school district that students are permitted to express support for, respect, equal treatment and fair acceptance of homosexuals….
Defendants … are enjoined from taking retaliatory action against plaintiff for bringing this lawsuit or against any students for their past or future expressions of support for the respect, equal treatment and fair acceptance of homosexuals.
Oh, and by the way, Heather Gillman was awarded damages in the amount of one dollar.
In closing, I just want to mention that prejudice is one thing that just really seriously pisses me off4. It is an issue in my life that has prevented me from remaining friends with a lot of people, stopped me getting close to others, and in a few cases putting strong boundaries of the acceptable into place to deal with the prejudiced jackasses that I’ve had the misfortune to have to deal with.
Anti-gay prejudice is no different. It is, like all other forms of stereotyping, stupid. I do not believe you can legitimately call yourself a skeptic, or claim that you bring a scientific mindset to your interpretation of the world, and still be prejudiced in an obvious way like this. I grant that we all have blind spots and character flaws that make us believe stupid things. But in our society, everyone has, by now, been confronted with a description of prejudice and its consequences, and has certainly been called upon, probably many times, to take a good look at themselves and correct these errors in their minds. It is a hard job, as I know from personal experience; and I give people who are working at it due credit. But people who would intimidate whatever group they personally hate, like principal David Davis, by using force, governmental power, administrative privilege, coercion, verbal abuse, or whatever other means - these people can be neither scientists nor skeptics in any broad, holistic way5.
For some years there has been a top ten list circulating in e-mail of items that handily debunk the silly claims of the anti-gay marriage crowd. I reproduce it for you here. Anti-gay folks have to do a lot better than their current load of baloney if they are to show they are any better than the Klan of the mid-20th century6.
- Being gay is not natural. Real Americans always reject unnatural things like eyeglasses, polyester, and air conditioning.
- Gay marriage will encourage people to be gay, in the same way that hanging around tall people will make you tall.
- Legalizing gay marriage will open the door to all kinds of crazy behavior. People may even wish to marry their pets because a dog has legal standing and can sign a marriage contract.
- Straight marriage has been around a long time and hasn’t changed at all; women are still property, blacks still can’t marry whites, and divorce is still illegal.
- Straight marriage will be less meaningful if gay marriage were allowed; the sanctity of Britany Spears’ 55-hour just-for-fun marriage would be destroyed.
- Straight marriages are valid because they produce children. Gay couples, infertile couples, and old people shouldn’t be allowed to marry because our orphanages aren’t full yet, and the world needs more children.
- Obviously, gay parents will raise gay children, since straight parents only raise straight children.
- Gay marriage is not supported by religion. In a theocracy like ours, the values of one religion are imposed on the entire country. That’s why we have only one religion in America.
- Children can never succeed without a male and a female role model at home. That’s why we as a society expressly forbid single parents to raise children.
- Gay marriage will change the foundation of society; we could never adapt to new social norms. Just like we haven’t adapted to cars, the service-sector economy, or longer life spans.
Enjoy your day - remember, the courts did a good thing for all of us yesterday.
- So much for my family-friendly rating. [↩]
- Oops - just dinged up that family friendly rating thing again. [↩]
- It is OK to quote a recurring character in a popular 90’s sitcom in a skeptical blog, right? [↩]
- Hey, I’ve already lost the family-friendly seal of approval, so why not…. [↩]
- I would go only so far as to grant that James Watson is a good technician - he certainly hasn’t applied the critical thinking skills of science to the question of race. [↩]
- I feel justified in saying this because gay people are killed because they are gay in my country. [↩]