Subject: First Federal Appeal Challenging Anti-Gay Violence in Schools
From: [email-masked]
Date: Wed, 8 Nov 1995 10:30:53 -0500

LAMBDA LEGAL DEFENSE AND EDUCATION FUND
PRESS RELEASE

FOR IMMEDIATE RELEASE: November 8, 1995 
Contact: Patricia Logue  (312) 759-8110, David Buckel  (212) 995-8585

First Federal Appeal Challenging Anti-Gay Violence in Schools

(CHICAGO, November 8, 1995) -- In the first known federal appellate case
challenging anti-gay violence in public schools, Lambda Legal Defense and
Education Fund filed an appeal this week to a ruling by a Wisconsin federal
judge dismissing a lawsuit by a gay student against his former school.  The
student, Jamie Nabozny, suffered years of brutal verbal and physical
harassment at the hands of his classmates, leading him to attempt suicide, to
drop out of school, and to be diagnosed with post traumatic stress disorder.

  "Our public schools cannot shirk their responsibility to protect gay and
lesbian students from violence and harassment -- no teenager should have to
endure abuse to get an education," said Patricia M. Logue, Managing Attorney
at Lambda's Midwest Regional Office, and counsel to Nabozny.  "With the
federal government reporting that one-third of teen suicides are by lesbian
and gay youth, it is imperative that schools show zero tolerance for anti-gay
attacks."

  Nabozny suffered multiple physical assaults from seventh grade to eleventh
grade in an Ashland, Wisconsin school district.  Students trapped Nabozny in
the hallways or the bathroom and beat him, punching, kicking, and even
urinating on him.  During one assault, several boys pinned Nabozny to the
floor and acted out sexual acts on him, with the class looking on.  In
addition to the beatings, during the four-year ordeal Nabozny also suffered
relentless verbal abuse.    

  Throughout the years of abuse, Nabozny's parents stood by their gay son and
unsuccessfully attempted to get the school to effectively discipline the boys
who abused Nabozny, but no meaningful discipline was ever imposed.  Instead,
school officials scoffed at Nabozny, telling him that "boys will be boys."
 Notably, the school has recognized the need to eliminate harassment based on
gender rather than sexual orientation. 

  "All students are entitled to a safe learning environment," said David
Buckel, a Lambda Staff Attorney working on the case.  "Schools cannot justify
violence against lesbian and gay students with cliches like  boys will be
boys.'"

  Lambda is seeking review by the federal Court of Appeals for the Seventh
Circuit in Chicago.  The appeal is from a grant of summary judgment on
October 5, 1995 in the Western District of Wisconsin, which denied Nabozny an
opportunity to take his case to trial.  Lambda was not involved in the
district court proceedings.  

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