Date: Sat, 17 Feb 1996 10:18:31 -0800 From: jessea@uclink2.berkeley.edu (Jessea NR Greenman) Subject: ANTI-GAY SCHOOL CENSORSHIP CHALLENGED IN LANDMARK FIRST AMENDMENT CASE in NEW HAMPSHIRE NEWS RELEASE For More Information: Claire Ebel, (603) 225-3080 New Hampshire Civil Liberties Union Mary L. Bonauto, Esq. (617) 426-1350 Gay & Lesbian Advocates & Defenders Susan Ruggeri, (603) 673-9128 Carol Carstarphen (603) 224-7751 Merrimack Teachers Association Mary Conway, (202) 467-4999 People For the American Way Denny Lee, (212) 944-9800 x424 American Civil Liberties Union ANTI-GAY SCHOOL CENSORSHIP CHALLENGED IN LANDMARK FIRST AMENDMENT CASE February 15, 1996 (Merrimack, New Hampshire) Today a group of parents and educators from Merrimack, New Hampshire filed a lawsuit in federal District Court in Concord, New Hampshire challenging the anti-gay censorship policy passed by the Merrimack School Board in August, 1995. The policy has led to the removal of topics from the curriculum and the elimination of Shakespeare's Twelfth Night from a high school English class. The challenged policy provides that any school instruction or counseling which has "the effect of encouraging or supporting homosexuality as a positive lifestyle alternative" is banned in the schools. Today's suit argues that this gag order is harmful to Merrimack students, violates First Amendment guarantees of free speech and the right to receive information, and has triggered a tidal wave of self-censorship by educators and students who are trying to comply with it. Other anti-gay curriculum policies have been adopted by state and local governments in Alabama, Arizona, New York and elsewhere. However, this is the first constitutional challenge to such censorship in the public schools. In announcing the filing of the case, the parents and educators explained that the broad censorship imposed by the policy has caused teachers and students to cut off class discussions, remove books, topics and audio-visual aids from the curriculum, and stifle student inquiries. "The policy harms Merrimack students who need the freedom to think, the freedom to learn and the freedom to investigate and discuss ideas," stated Susan Ruggeri, the President of the Merrimack Teachers Association, a plaintiff in the suit. Debra Herget, another plaintiff and a parent of three children in the Merrimack schools, said the time had come for parents to resort to the legal system to stop the policy. "This Policy hurts and distorts the education of students every day. Now is the right time to put an end to it and return to the sound policies which have always guided our children's education in the past." A coalition of civil rights legal organizations is representing the parents and educators in their legal challenge to the Policy: the New Hampshire Civil Liberties Union; Gay &Lesbian Advocates & Defenders; People for the American Way and the American Civil Liberties Union. Richard W. Walker, a plaintiff in the suit who is a longtime resident of Merrimack, a parent of children in the schools, and the Coordinator of Guidance Services at the High School said "the policy prevents counselors from doing their job of helping children in need," and that "students are reluctant to ask for help. All students deserve support and guidance when they need it." Daniel O'Donnell, another Merrimack resident who joined the suit on behalf of his children, emphasized that the policy "is in direct conflict with the other educational policies and values of the school district. Students need the freedom to learn and an environment where they are all safe." "There has never been a gag order on our schools quite like this one," stated Claire Ebel, Executive Director of the New Hampshire Civil Liberties Union. "If students and teachers want to discuss or investigate issues related to homosexuality, or a counselor is asked for help by a child in need, they can say nothing unless it is negative." "You know that something is terribly wrong when teachers believe they can't teach Shakespeare or discuss information about gay youth suicide because of a so-called educational policy," added attorney Mary L. Bonauto of Boston-based Gay & Lesbian Advocates & Defenders, a New England-wide legal organization. "The negative viewpoint on homosexuality prescribed by the policy is actually anti-educational because it keeps students from discussing everything from current events to classics of literature to the merits of the policy itself. This suit is a reminder that freedoms guaranteed by the First Amendment apply in the public schools to protect students and teachers from government censorship." "This policy does exactly what the First Amendment prohibits: it imposes an official government viewpoint and attempts to brainwash students to accept that viewpoint," said Ruth E. Harlow, of the national ACLU. "We hope this suit will lift the policy's pall of orthodoxy and set a useful precedent for eliminating similar policies in other communities." Marjorie Heins of the national ACLU's Arts Censorship Project is also co-counsel for the plaintiffs. "In the name of values, the Merrimack school board is promoting ideological censorship and intolerance," said People For the American Way Vice President Tom Andrews. "The teachers, parents and students here are standing up for different values -- freedom of speech, freedom of conscience, respect for others and responsible educational policy. These basic American values are under attack not only in Merrimack, but across the country. It's important for concerned citizens to stand up and defend those values. That's what is happening here." -30- ====================== From: RLKottwitz@aol.com Date: Fri, 16 Feb 1996 01:13:48 -0500 To: jessea@uclink2.Berkeley.EDU Subject: Press Statements Jessea - Here is the text of several of the statements made at today's press conference. STATEMENT OF MARY L. BONAUTO, ESQ. CIVIL RIGHTS DIRECTOR -- GAY & LESBIAN ADVOCATES & DEFENDERS REGARDING FILING OF WALKER ET AL V. MERRIMACK SCHOOL DISTRICT FEBRUARY 15, 1996 Hello. My name is Mary Bonauto. I am the Civil Rights Director of GLAD. We are a New England-wide non-profit legal organization dedicated to achieving equality and justice regardless of one's sexual orientation. Thank you for coming today. The lawsuit filed by parents and educators from this community in federal court today is a critical reminder that the First Amendment of the United States Constitution guarantees the right to speak and freedom to learn in our public schools. Of course, even school board policies are subject to the requirements of the Constitution of this country. We believe the anti-gay censorship policy enacted by the majority of the Merrimack school board last August violates the guarantees of the First Amendment. It sweeps broadly, eliminating from the Merrimack public schools all instruction and counseling which could have "the effect" of "supporting or encouraging homosexuality as a positive lifestyle alternative." What does the policy mean? The School Board has never clarified what it means by these terms. It repeatedly promised guidelines but never issued them. Yet, it has insisted that all teachers and counselors comply with the Policy. This has triggered a tidal wave of self-censorship by students and teachers alike who are trying to avoid violating the policy. What has it meant in practice? It has meant enormous harm to the education of Merrimack's public school students. This so-called educational policy has led to the elimination of a Shakespeare play from a high school English class, a ban on providing information about gay youth suicide and the censoring of videotapes about AIDS prevention in health classes. And of course, there are costs we can't see right now, particularly for those students who are struggling with their own sexual orientation, or have a gay parent or sibling, who now can't expect to receive support from their teachers or counselors. Not only are students being deprived of information and the opportunity to learn, but they may not speak about this subject unless they have something bad to say. They can't even debate the merits of the Policy. This Policy is nothing short of the kind of official, government-imposed thought control which the First Amendment protects against -- especially in our centers of learning -- the public schools. Make no mistake about it. The case filed by the parents and educators of this community today is of national significance. The case pits the public school students' freedom to learn, to acquire information, to think, analyze and discuss against the imposition of an official government viewpoint which strangles student inquiry and discussion at all grade levels and in all academic contexts. We hope this lawsuit will put an end to such policies everywhere. ========================================================== STATEMENT OF LAWRENCE S. OTTINGER, SENIOR STAFF ATTORNEY, PEOPLE FOR THE AMERICAN WAY, ON MERRIMACK LAWSUIT Good afternoon, my name is Larry Ottinger, and I am a Senior Staff Attorney for People For the American Way, a national constitutional liberties and civil rights organization with over 300,000 members across the country and over 2000 here in New Hampshire. In flagrant violation of the United States Constitution, a narrow majority of the Merrimack School Board has passed a harmful and divisive policy that promotes ideological censorship and intolerance in Merrimack schools. All in the name of values. However, as the Supreme Court has stated repeatedly, "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." For that reason, the parents, students, and teachers of Merrimack are standing up for real American values -- freedom of speech, freedom of thought, respect for others, and responsible educational policy. These fundamental values are under attack not only in Merrimack, but all across the country. Now, more than ever, it is important for concerned citizens to stand up and defend these values. Today, as they have for the past year, Merrimack teachers, parents, and students are coming together as a community to stand up for our cherished freedoms. It is a lesson in civics and democracy from which we all can learn. On behalf of our members and local activists, People For the American Way is proud to stand with the courageous citizens of Merrimack as they fight to take back control of their schools and their community. Note to Journalists: People For the American Way/Action Fund has been conducting the "Expose the Right" campaign in New Hampshire to educate the voting public. For more information on the "Expose the Right" campaign, contact Dorothy Lohmann in our Manchester, New Hampshire office at (603) 626-8828. ========================================================== DANIEL J. O'DONNELL PRESS STATEMENT FEBRUARY 15, 4996 As a result of the recent passing of Policy 6540 by the. Merrimack School Board, which I consider to be detrimental to my children's education, I have joined in this constitutional challenge against the Merrimack School District. I feel strongly that this policy contradicts and violates the educational philosophies such as, "tolerance and respect for others", "cooperation" and "responsibility" under which I know the Merrimack School District is operating. It has been stated over and over again by school district personnel that this vague and open-ended policy has and will continue to distort discussion of, and investigations into, all academic areas. I know this as fact because one of my children has already experienced the censorship in their classes. I believe that this policy is potentially harmful to all children, in that it ventures into an area that many students have struggles with, and that is sexual identity. This policy is already impeding the performance of guidance counselors and school administrators. The fact of the matter is, most children would have a very difficult time divulging this struggle to their parents and may want to seek out help. This policy is forcing them to keep their struggle to themselves. As a parent, I am concerned that the students do not have the opportunity to speak to "any" responsible adult with whom they feel comfortable and must instead resort to other measures, which may include suicide. Would we prefer that? Diversity is a fact of life. We cannot wish homosexuals away. They are a part of the world that we live in, and students cannot be sheltered from them. Whether we like it or not, there has been, and still are gay students in the Merrimack schools. We cannot wish them away. I personally view the censorship contained in Policy 6540 as blatant discrimination against a select group within our school population. As a parent, I am wondering....what minority group will be next???? Where we stand as individuals on the matter of sexuality is a personal matter. This challenge to the Policy 6540 is NOT about where you or I stand on sexuality issues. It is NOT about Liberals versus Conservatives. It is NOT about Right versus Left. It IS about Right versus Wrong. This policy is WRONG for my children. As a parent, I will not let my children's education be sacrificed by this veiled attempt at discrimination under the guise of so called "School Policy 6540." ==================== From: RLKottwitz@aol.com Date: Fri, 16 Feb 1996 01:13:50 -0500 To: jessea@uclink2.Berkeley.EDU Subject: The Opposition's Press Release Jessea - Here is the text of Chris Ager's press release he put out today. I've added the addresses for contacting him (the home address is published on the back of the agenda of every meeting so is not confidential) This is the last of the documents I have for now. MANY, MANY THANKS!!! Randy A Statement For Immediate Release 15 February, 1996 Merrimack, NH The Merrimack School Board represents the parents and voters in the Merrimack School District and we see it a our responsibility to reflect the good sense of our community. The policy which is now being challenged was arrived at democratically through deliberation by the School Board which we enacted in the name of the people whom we were elected to represent. This policy challenge (as reported in the press) is being mounted by gay rights advocacy groups from outside of our community and outside of New Hampshire, by the ACLU, and by the NEA. These groups have their own agenda which they are trying to force down the throats of the people in our community and our children. We do not want our town turned into an ideological battleground by ANY outside organizations. Community elections occur every year in May and certainly the local voters are empowered to choose to elect those of differing viewpoints at that time. Until that happens the Board will continue to represent the interests of the parents and voters in our community. The Board firmly believes that it have done the right thing and should defend the District against unwanted challenges by outsiders. Christopher A. Ager Chairman Merrimack School Board For more information or to respond, contact: The Merrimack District School Board c/o James O'Neil, Superintendent 36 McElwain Street Merrimack, NH 03054 Fax: (603) 424-6229 or: Chris Ager, Chairman 9 Newton Road Merrimack, NH 03054 ============= [The P.E.R.S.O.N. Project adds: the full text of the legal brief in this case will be on our Web site by Wednesday Feb. 21. it will be under "Legal Resources" at URL http://www.youth.org/loco/PERSONProject/Resources/list.html If you don't have a Web browser and do want the brief if you are on the Internet, send us a request and we'll send it to you as an attached document. if you are not on the Internet (e.g. are on aol), send us a request and we'll send it to you as email.] *+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+ YOU MAY RE-POST. Jessea Greenman The P.E.R.S.O.N. Project*; ph/fax: 510-601-8883, 586 62nd St. Oakland, CA 94609-1245 CHECK THIS OUT FOR LOADS OF INFO: http://www.youth.org/loco/PERSONProject/ The P.E.R.S.O.N. Project is *always* looking for volunteer organizers. Please cc us (for our files) on correspondence you send or receive re our action alerts. *Public Education Regarding Sexual Orientation Nationally.