Thursday, April 01, 2010

How to Stop Gay Bullying

There has been much in the news of late concerning bullying, both in schools and online. In a number of instances, the bullying has lead to the suicide deaths of worthwhile, promising lives. I find the phenomenon beyond disgusting. What makes the issue even more sickening is the fact that whenever school divisions seek to impose anti-bullying programs, the main opponents of such programs are invariably Christianists who want a free license to demonize and torture anyone who fails to conform to their religious dogma. I do not want to sound like a litigious attorney, but the reality is that sometimes nothing short of a lawsuit will help solve the problem, whether it be a lawsuit against a negligent school division or against parents who have failed to stop the malicious actions of their children (check applicable state statutes on parental responsibility for torts of their minor children). An attitude of "boys will be boys" can be a deadly prescription. Well thought out lawsuits can make negligent school boards and/or parents wake up - especially if their insurance carriers either drop their coverage or jack up their insurance premiums. Here are highlights via 365gay.com of an article by a law school professor advocating for strategic lawsuits:
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How can we stop the bullying against LGBT students? It turns out that sometimes, unfortunately, you have to sue the bastards. Recently, a lawsuit was settled between a bullied, gay high schooler from upstate New York and the school district and officials who permitted the mistreatment to go on for more than a year. Jacob, (or J.L., as he was known in the complaint) will receive $50,000 in damages, as well as legal fees and the cost of therapy. And the school district has also agreed to conduct anti-harassment training of employees.*
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The complaint, filed by the New York Civil Liberties Union, is painful to read, as it details physical violence and injury, death threats, destruction of property, name-calling (including “pussy,” “bitch,” “cocksucker,” and “faggot” to name just a few), and the heart-breaking, unrelenting misery that Jacob suffered.
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His father, whose repeated efforts to get the school officials – especially the principal – to do something, went unheeded. Over time, in fact, it became clear where this guy’s sympathies lay: He told Jacob’s dad that he wasn’t going to change what the school was doing in order to “cater to homosexuals.” Even though the school has a clear policy against bullying, policies don’t help if the principal is oblivious, or worse.
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The evidence and the New York State law were clearly on Jacob’s side, and then his case received an unexpected and welcome jolt – the Obama Department of Justice moved to intervene on behalf of the bullied kid.
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“[We] hope that the Mohawk Central School District can serve as a model for other school districts confronting issues of bullying and intolerance of lesbian, gay, bisexual, transgender, and gender non-conforming students.”

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