Date: Tue, 24 Aug 1999 16:52:08 -0700 From: Jean Richter Subject: 8/24/99 P.E.R.S.O.N. Project news 1. NJ: More on court decision banning Boy Scout anti-gay discrimination 2. NY: Urgent request for input on LGBT tolerance curriculum 3. Possibly helpful publications from the National School Board Association ================================================================================= From: LLDEFNY@aol.com Date: Thu, 5 Aug 1999 14:38:21 EDT Subject: Unanimous New Jersey Supreme Court Strikes Down Boy Scout Anti-Gay Ban ============================================ LAMBDA LEGAL DEFENSE AND EDUCATION FUND News Release ============================================ FOR IMMEDIATE RELEASE: Thursday, August 5, 1999 Contact: Peg Byron 212-809-8585 x 230, 888-987-1984 (pager) Joneil Adriano 212-809-8585 x 241, 888-987-1971 (pager) ============================================ UNANIMOUS NEW JERSEY SUPREME COURT STRIKES DOWN BOY SCOUT ANTI-GAY BAN Lambda secures stunning victory for exemplary Eagle Scout James Dale, scouting ideals (NEW YORK, August 5, 1999) -- A unanimous New Jersey Supreme Court has unequivocally rejected the Boy Scout's anti-gay policies, a phenomenal victory hailed by Lambda Legal Defense and Education Fund both for its client, the exemplary Eagle Scout James Dale, and for all who believe in Scouting values. "The highly respected New Jersey Supreme Court handed down a win-win-win ruling: a victory for anoutstanding Eagle Scout; a victory for gay youth who should be included, not excluded, from scouting; and a victory for all members of scouting, who join because they value honesty, community service, self-reliance, and respect for others not discrimination," said Lambda Senior Staff Attorney Evan Wolfson, who argued the case in January. The 7-0 decision Wednesday by the New Jersey Supreme Court is the first ever ruling by a state high court to strike down the Boy Scouts of America's (BSA) ban on gay members, and vindicates Dale's nine-year struggle with the organization that kicked him out solely because he is gay. In a methodical and comprehensive 89-page opinion by Chief Justice Deborah T. Portiz, the Court noted that the BSA is an organization that is non-selective in its membership and receives significant support from the state and local governments, and so it cannot exempt itself from compliance with state civil rights law. The Court also emphatically rejected the BSA's attempts to justify the exclusionary and discriminatory policies using the First Amendment, saying that promoting anti-gay bigotry was not the purpose that brought the members together. Poritz wrote, "The human price of...bigotry has been enormous. At a most fundamental level, adherence to the principle of equality demands that our legal system protect the victims of invidious discrimination." Justice Alan B. Handler emphasized in a separate concurring opinion that being gay does not take away from "one's ability to participate in and contribute responsively and positively to society." "My birthday was on Monday and this is the best birthday gift I could have asked for," said Dale. He added, "The decision vindicates everything I have learned through scouting: to be true to yourself, to be helpful to others, and to believe that justice and goodness will prevail." Dale, now 29, was in scouting for a dozen years, earned over 30 merit badges, rose to the rank of Eagle Scout and became a member of the prestigious Order of the Arrow. The BSA ousted him in July 1990. In March 1998, a state intermediate appellate court ruled that Dale's expulsion violated the New Jersey Law Against Discrimination. That decision, upheld by the state's High Court, also rejected "stereotypical notions" about the abilities of gay youth and adults to participate in Scouting. Dale is also represented by the New York firm Cleary, Gottlieb, Steen & Hamilton, and local counsel Lewis Robertson. Lambda is the nation's oldest and largest legal organization serving lesbians, gay men, and people with HIV/AIDS. (James Dale v. Boy Scouts of America, No. 45761) --30-- Link directly to Lambda's ne ws release: http://www.lambdalegal.org/cgi-bin/pages/documents/record?record=468 ======================================= Lambda Legal Defense and Education Fund www.lambdalegal.org National Headquarters 120 Wall Street, Suite 1500 New York, NY 10005-3904 212-809-8585 phone 212-809-0055 fax lambda@lambdalegal.org ================================================================================== From: SARATOGANY@aol.com Date: Sat, 7 Aug 1999 17:13:57 EDT Subject: Help Request ASAP: Curriculum Recommendtaions Urgently Needed msg from: the Coalition for Safer Schools of NYS 8/7/99 We are seeking to fullfill the below request from Shiela Healy, Empire State Pride Agenda (Albany office). I am sure some of you can provide good info so that Shiela can put together her recommendations to the task force. Due to short time frame please send you recommendations to Shiela directly by email to espanysh@knick.net. Please put in subject "CURRICULUM RECOMMENDATION" or contact Shiela at 518-435-9779 office fax 518-446-9693 Thanks John Myers ================ excerpt msg rec's by CSS-NYS, 8/6/99 from Shiela Healy: Need to put together a written recommendation to the NY Gov.'s Task Force on curriculum and including LGBT in tolerance and diversity training. I'd like to get a recommendation to the Task Force by the end of next week or as soon thereafter as is possible. Is there anybody else we should reach out to in the process of formulating a recommendation? (CSS-NYS note: the Task Force will be presenting their report to the Governor by the end of August) ================================================================================= From: SARATOGANY@aol.com Date: Sun, 8 Aug 1999 09:41:42 EDT Subject: National School Board Association Publications Msg from: The Coalition for Safer Schools of NYS, PO Box 2345, Malta, NY 12020 saratogany@aol.com the "Actual or Perceived GLBT Student Protection Project" (a CSS-NYS project) Below are a number of publications offered by the National School Board Association, NSBA. These publications have not been reviewed by CSS-NYS and sexual orientation content is not known. You should beware of publications that are copyrighted before March 13, 1997. This is the release date the US Department of Education - Office of Civil Rights' Title IX Gudelines that includes sexual harassment of GLB students. You should also know that most harassment of GLB students in school can/should be considered to be sexual harassment.Title IX only covers "sexual harassment" and not other forms of harassment/discrimination against GLB students and "T" students are not specifically mentioned. The 14th Amendment (Equal Protection Clause) of the US Constitution and the US Equal Access Act (applicable to Gay Straight Alliance, GSA's, student clubs) may provide legal redress for disparate treatment against GLBT students. GLBT students advocacy organizations should seek an affiliation with one or more attorneys in their areas. Attorneys that are not cognizant of GLBT student/school issues can obtain information from Lambda Legal Defense and Education Fund, LLDEF, NYC, website www.lambdalegal.org. Disclaimer: the above is not intended in anyway to be consider giving legal advise. John Myers Director of Operations and Programs =========================================================== NSBA Publications Order Form at http://www.nsba.org/cosa/publications/orderform.html Student-toStudent Sexual Harassment: A Legal Guide for Schools. Addressing a complex legal and social issue, this monograph provides the school law practitioner and school leaders with information on how to prevent, respond to, analyze and defend student-to-student harassment claims. In addition to discussing federal case law, it includes a section on policy development, advice on conducting investigation; tips for training, and analysis of the Office of Civil Rights Guidelines and appendices containing OCR documents, sample policies and forms and helpful check lists. ISBN 0-88364-216-6 (List $35, National Affiliates and Council members $28). Desk Reference on Significant U.S. Supreme Court Decisions Affecting Public Schools. Contains the name, citation and rule of law for virtually all Supreme Court substantive decisions involving public schools. Includes extensive descriptive word index, table of cases, parallel citations and table of constitutional and statutory provisions. 106 pp. ISBN 0-88364-135-6 (List $25, National Affiliates and Council members $20 Sexual Harassment in the Schools: Preventing and Defending Against Claims. This comprehensive monograph reviews the most current laws affecting sexual harassment of students and employees in the school setting. With special emphasis on case law, this publication offers a detailed analysis of Supreme Court cases, including Franklin v. Gwinnett County Public Schools, as well as current circuit court decisions. It includes EEOC guidelines and regulations, and sample policies, as well as practical information with which your district can develop its own policies and establish sound investigative practices. 136 pp. ISBN 0-88364-147-X (List $25, National Affiliates and Council members $20). School Board Member Liability Under Section 1983 by David B. Rubin, Piscataway, NJ (editor, Naomi E. Gittins, NSBA staff attorney). Like earlier editions published in 1981 and 1985, this monograph serves as a primer for both school board members and school attorneys on board member liability issues. The current version seeks to explain clearly and accurately in layman's terms the basics of civil rights law under Section 1983. It focuses on the types of claims most commonly brought under Section 1983 against school boards and presents factual circumstances and how the courts have applied the law in immunity defenses. 44 pp. ISBN 0-88364-134-8 (List $15, National Affiliates and Council members $12). Legal Guidelines for Curbing School Violence. Addressing one of the most urgent problems in schools today, this publication covers such issues as search and seizure, metal detectors, students' due process rights, discipline of students with disabilities, tort and constitutional liability, hate speech, dress codes and gangs, keeping weapons out of schools and working with the criminal justice system This comprehensive legal guide includes numerous sample policies. 162 pp. ISBN 0-88364-195-X (List $30, National Affiliates and Council members $25). School Law in Review 1999. This digest of papers presented at the 1999 Annual School Law Seminar includes the following topics: preventing threats of violence in schools from turning into a tragedy; the attorney's role in responding to violence: a case study of Jonesboro, AR; preparing to handle the news media during a crisis; legal implications of high stakes testing; what to ask - legal and policy issues in conducting effective background investigations; what to tell - legal and policy problems with references about former employees; the attorney-client privilege: challenges to a traditional value; bargaining and labor relations issues of school reform; collective bargaining and school reform; public relations aspects of managing a strike; IEP development and placement; practical suggestions to educators: avoiding procedural violations of the IDEA; and disciplining the disabled: an analysis of the law and court and hearing officer interpretations under the reauthorized IDEA. 154 pages. ISBN 0-88364-223-9 (List $35, Council members - first copy free. National Affiliates and additional Council copies $28). A School Law Retreat 1997 - Phoenix, Arizona. This loose leaf trial notebook is a compilation of the presentations given at the Council's October 1997 advocacy seminar in Phoenix, Arizona. Topics include: legal issues in employment, home schools and charter schools, discrimination against students: Title IV, IX and Section 504, ethics for school attorneys, school district records and management, new developments in special education, constitutional rights of students, and The Americans with Disabilities Education Act. 610 pp. ISBN 0-88364-213-1 (List $200, National Affiliates and Council members $160). A School Law Retreat 1998 - San Antonio, Texas. This loose-leaf trial notebook is a compilation of the presentations given at the Council's October 1998 advocacy seminar in San Antonio, Texas. Topics include drug testing of school district employees, Religious Freedom and Equal Access Act, as well as the future of affirmative action, legal issues in employment, and the Fair Labor Standards Act. It also includes new developments in special education, ethics for the school attorney, new developments in sexual harassment, school district policies on student use of the Internet, and providing educational services to students in non-traditional settings. 554 pp. ISBN 0-88634-218-2 (List $200, National Affiliates and Council members $160). ================================================================================= Jean Richter -- richter@eecs.berkeley.edu The P.E.R.S.O.N. Project (Public Education Regarding Sexual Orientation Nationally) These messages are archived by state on our information-loaded free web site: http://www.youth.org/loco/PERSONProject/