Date: Tue, 20 Feb 1996 18:48:54 -0800 From: jessea@uclink2.berkeley.edu (Jessea NR Greenman) Subject: Utah Bill is Unconstitutional; Women's History Month >Date: Sun, 18 Feb 1996 09:53:12 -0800 >To: jessea@uclink2.Berkeley.EDU >From: cdorchard@earthlink.net (Charlene Orchard) >Subject: Utah Bill is Unconstitutional > >FOR IMMEDIATE RELEASE FEBRUARY 17, 1996 > >For more information: Charlene Orchard > Co-chair, Utah Human Rights Coalition > 801-484-5291 > >SB 246 IS "CLEARLY UNCONSTITUTIONAL" > > SALT LAKE CITY, UTAH--February 17, 1996--The Utah Human Rights >Coalition(UHRC) is calling on Utah Senators to vote against SB 246 because, >if passed, it clearly will be in violation of the Constitution, according >to UHRC co-chair, Charlene Orchard. > SB 246, introduced by Senator Craig Taylor, would regulate the >behavior and speech of teachers both in school and in their private lives. >Private actions of school employees and volunteers are prohibited if the >employee or volunteer should have know that the action would undermine "the >morals of school children" and if it would lead to "substantial >interference or disruption in the normal activities of the school." It was >passed by the Senate Judiciary Committee unanimously on February 15. Along >with SB 262 (requiring parental consent to participate in school clubs), >which was also passed, these two bills are attempts by the legislature to >prohibit clubs such as the Gay/Straight Alliance at East High from forming. > "We have serious concerns about SB 246, a bill that was passed out >of committee with less than ten minutes available for discussion and public >comment. Because of the committee's hasty disposal of the bill, the >questions concerning its impact on the First Amendment rights of teachers >and volunteers were not adequately addressed," said Orchard. "A real >pattern has developed that when legislation touches the gay issue, the >public is excluded from the democratic process. Whatever happened to the >'public' in 'public input?'" > UHRC requested a legal opinion from Lambda Legal Defense and >Education Fund, the well-respected, largest and oldest lesbian and gay >rights legal organization. Jon W. Davidson, the Supervising Attorney for >Lambda and an adjunct professor of law at University of California, Los >Angeles (UCLA) School of Law and the University of Southern California >(USC) School of Law, said that SB 246 is clearly unconstitutional. > "S.B. 246 is unconstitutionally vague and over broad. It infringes >the First Amendment rights of school employees and volunteers to speak out >about matters of public concern. As the U.S. Supreme Court has made clear, >our Constitution at a minimum requires that the government's interest in >preventing interference or disruption with normal school activities be >balanced against individuals' and society's interest in free speech. S.B. >246's use of vague and sweeping language and its failure to incorporate >such a balancing test subject it to being overturned in the litigation that >surely will follow, if it is enacted," said Davidson. > "ALL school employees and volunteers should be outraged at how far >this bill goes to regulate their lives. Acts of conscience and civil >disobedience are what has kept this country great. Because the bill will >result in self-censorship, we are certain that a move to litigate will >swiftly ensue," said Orchard. > The intent of SB 246 was clarified by its sponsor, Craig Taylor, in >a story by KUER's Kat Snow which aired Friday, February 16. Lily Eskelsen >wondered what would happen to a teacher who is fighting for a nuclear test >ban and goes to the Nevada test site to protest, walks across the line and >is arrested. What if the students then organized in support of the >teacher? Taylor responded, "If the teacher did something that destroyed >the local community's confidence in that teacher, it may be a community by >community standard. A rural community might react differently than the >central city." Taylor added, "The teacher doesn't have to be the one >organizing the disruption." > Snow also reported, "A teacher who is in a gay relationship could >end up violating this statute." Taylor explained, "If that becomes known >to the students and if in that community that would substantially and >materially disrupt the affairs of the school then that could be grounds >[for dismissal]." > The Utah Human Rights Coalition is an independent, nonprofit >organization formed to give voice to the commitment of lesbians, gay men, >bisexuals, and transgendered people and their allies to progressive social, >economic, and political change in order to improve the quality of life for >all people and future generations in Utah. > >--end-- ============ Reminder: March is Women's History Month Send your snail mail address to the National Women's History Project, , for a free 48-page catalog, including materials which are perfect for schools. For more info visit: http://www.nwhp.org [includes some lesbian material] *+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+ 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.