Ian Thompson, Washington Legislative Office
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Posts by Ian Thompson, Washington Legislative Office
Victim of Brutal LGBT Bullying in Ohio School Tells His Story
0Last fall, the brutal, unprovoked beating of Zach, an openly gay student at Unioto High School in Chillicothe, Ohio, made national headlines when a video of the incident went viral online.
Today, the ACLU is releasing a new video that features Zach and his mom, Becky Collins. Zach and Becky describe years of unending discrimination and harassment that Zach experienced at school based on his perceived sexual orientation. As the years went on, the abuse only escalated. Becky’s pleas to school officials to protect her son were ignored.
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And then the videotaped beating occurred and spread like wildfire online, garnering lots of attention to the challenges lesbian, gay, bisexual and transgender (LGBT) students like Zach face each day they go to school.
The type of anti-gay harassment Zach was forced to endure at his school is unacceptable. However, we know that stories like his are far from rare. Similar harassment is taking place across the country, creating a toxic environment that denies LGBT students their right to an equal education.
A 2009 study of more than 7,000 LGBT middle and high school students across the U.S. found that nine out of ten reported experiencing harassment at their school within the past year based on their sexual orientation or gender identity, and two-thirds said they felt unsafe at school because of who they are.
The ACLU of Ohio is representing both Zach and his mother, and is working with his high school to ensure that something like this never happens again. School officials need to proactively address discrimination and harassment against LGBT students when it is brought to their attention, as well as work to foster a campus climate in which all students feel safe and welcome.
In addition, there is a bill pending in Congress which would address this serious problem head on. The Student Non-Discrimination Act would have a profound impact on the lives of LGBT students in the U.S. by ensuring that discrimination and harassment of students on the basis of their real or perceived sexual orientation or gender identity has no place in our country’s public elementary and secondary schools.
Please join the ACLU in urging Congress to pass the Student Non-Discrimination Act to make schools safe and fair for students like Zach. Additionally, please make sure to share this new video with your friends and family, including on Facebook and Twitter!
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New HUD Rule Delivers for LGBT Americans
0Last year, we told you about a proposed rule from the U.S. Department of Housing and Urban Development (HUD) regarding equal access to HUD housing programs regardless of sexual orientation or gender identity. Among the key requirements of the rule is a prohibition on inquires regarding sexual orientation or gender identity, as well as a prohibition on using sexual orientation or gender identity as grounds for decision-making in Federal Housing Administration (FHA) programs. Additionally, the rule brings the definition of “eligible families” into the 21st century by including those who are lesbian, gay, bisexual and transgender (LGBT).
This afternoon, HUD Secretary Shaun Donovan announced that the final rule will be published in the Federal Register early next week, meaning that it will take effect in just a little over one month from today! Needless to say, this is a tremendous step forward in efforts to stamp out discrimination against LGBT people in housing.
Of critical importance, the rule will require all organizations that operate HUD-assisted or HUD-insured housing facilities to serve LGBT Americans looking for shelter and housing—including religious organizations. As a coalition of more than 30 civil rights organizations (including the ACLU) wrote to HUD last year, once a religious organization chooses to provide housing services or programs with the aid of federal funds and benefits from HUD, it cannot shield itself from traditional safeguards that protect civil rights in the provision of those services. Those religious organizations that provide wholly private housing services will be unaffected by this new rule. We are pleased that HUD said that all organizations must provide equal access to HUD housing programs and did not sanction the use of religion to discriminate.
As Secretary Donovan stated last year at the time of the publication of the proposed rule, “This is a fundamental issue of fairness. We have a responsibility to make certain that public programs are open to all Americans. With this proposed rule, we will make clear that a person’s eligibility for federal housing programs is, and should be, based on their need and not on their sexual orientation or gender identity.”
The ACLU could not agree with Secretary Donovan more strongly. This new federal rule will move us one step closer to an America where decent, affordable housing is available to all Americans.
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On National GSA Day, Tell Congress to Stand Up for LGBT Students
0Today is National Gay-Straight Alliance (GSA) Day, a day to “strengthen the bond between LGBT people and straight allies” by recognizing the critical role that GSAs play in schools nationwide. GSAs are student-run extracurricular clubs that bring together LGBT and straight students to support each other, promote acceptance and are common in public school districts throughout the nation. They are crucial to providing a safe, supportive environment for LGBT students to educate the school community about homophobia, gender identity and sexual orientation issues.
The ACLU has long fought illegal school efforts to block students from forming GSAs, including most recently in Tennessee and Texas. Additionally, last year, the U.S. Department of Education issued a letter to school districts around the country reinforcing students’ legal right under the federal Equal Access Act to form GSAs.
Last year, the ACLU released a short video informing students how they could start a GSA in their school.
National GSA Day is also a powerful reminder of the challenges that continue to confront LGBT students nationwide. Discrimination, harassment, and even physical abuse, are often part of LGBT students’ daily lives at school. A 2009 study of more than 7,000 LGBT middle and high school students across the U.S. found that nine out of ten reported experiencing harassment at their school within the past year based on their sexual orientation or gender identity, and two-thirds said they felt unsafe at school because of who they are. Thankfully, there is legislation in Congress that would address this serious problem head on.
The Student Non-Discrimination Act, legislation currently pending in Congress, would have a profound impact in improving the lives of LGBT students in the U.S. by ensuring that discrimination and harassment of students on the basis of their real or perceived sexual orientation or gender identity has no place in our country’s public elementary and secondary schools.
Learn more about students’ rights: Sign up for breaking news alerts, follow us on Twitter, and like us on Facebook.
Teach Respect, Demand Non-Discrimination
0On Wednesday, a new international effort to combat racism and intolerance in schools was launched at the headquarters of the United Nations Educational, Scientific and Cultural Organization (UNESCO) with the full backing of the U.S. government. The effort, “Teaching Respect for All,” is designed to develop curriculum for use across the globe to promote tolerance and respect for all people. Importantly, the effort will allow countries to adept the curriculum for different contexts and needs.
According to the State Department, part of the focus initially will involve a review of existing curricula, legislation, and policies that include a component on education for respect and tolerance, as well as identifying best practices in the field.
Last September, the ACLU wrote to UNESCO on the problem of homophobic discrimination and harassment in U.S. public schools. In our comments, we offered a model federal legislative solution that would address this problem — the Student Non-Discrimination Act. This legislation would have a profound impact in improving the lives of lesbian, gay, bisexual and transgender (LGBT) students in the U.S. by ensuring that discrimination and harassment of students on the basis of their real or perceived sexual orientation or gender identity has no place in our country’s public elementary and secondary schools.
This is particularly important because of the fact that no federal law expressly protects students on the basis of actual or perceived sexual orientation or gender identity. Federal laws currently protect students on the basis of their race, color, sex, religion, disability and national origin.
Hopefully, as the “Teaching Respect for All” effort gets underway and best practices are developed, the Student Non-Discrimination Act will come to be seen as one of the most important steps the U.S. could take in this area, as well as serve as a best practice for other countries to follow. Teaching respect and demanding non-discrimination in schools are complementary goals that are mutually reinforcing. Please stand with the ACLU in support of LGBT students by urging your members of Congress to support the Student Non-Discrimination Act today.
In addition, join the discussion on Twitter regarding “Teaching Respect for All” and how best to address issues of intolerance and discrimination in schools by using the hashtag #dignity4all, weighing in with @StateDept, @USUNESCO, @UNESCOUSA, @Democracyis, and @Americagov.
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Important New Report on Anti-LGBT Bias in Grades K-6
0On Wednesday, GLSEN (the Gay, Lesbian & Straight Education Network) released a new report on anti-LGBT bias, homophobia and gender nonconformity in elementary schools across the country. The report, Playgrounds and Prejudice: Elementary School Climate in the United States, was based on national surveys of 1,065 elementary school students in grades 3-6, as well as 1,099 elementary school teachers in grades K-6.
Some of the report’s key findings include:
- “Nearly one in 10 of elementary students in 3rd to 6th grade indicate that they do not always conform to traditional gender norms/roles. Either they are boys who others sometimes think, act or look like a girl, or they are girls who others sometimes think, act or look like a boy”;
- “Gender nonconforming students are less likely than other students to feel very safe at school, and are more likely than others to indicate they sometimes do not want to go to school because they feel unsafe or afraid there”;
- “Gender nonconforming students are also more likely than others to be called names, made fun of or bullied at least sometimes at school”; and
- “Less than half of teachers indicate that they feel comfortable responding to questions from their students about gay, lesbian or bisexual people. There was a lower level of comfort found among teachers responding to questions from their students about transgender people.”
The report, the first to take a national look at anti-LGBT bias in elementary schools, offers valuable insights into the foundations that are often laid quite early in students’ school lives that later can take on far more serious and tragic implications if left unaddressed.
Harassment and discrimination against gender nonconforming and LGBT youth, as well as those presumed to be, is clearly not something that only surfaces in middle school and high school. It’s really never too early for schools and teachers to work to foster an environment where all students feel safe and welcome. This might help to explain why, according to a recent San Francisco Chronicle article, the number of Gay-Straight Alliances in middle schools nationwide currently stands at roughly 500 (up from a mere few dozen just three years ago).
The report also shows that LGBT and gender nonconforming students are a vulnerable population in our nation’s schools, including those at the elementary level. This is a nationwide problem, impacting students coast-to-coast. As such, the solution needs to be national in scope.
The Student Non-Discrimination Act, legislation currently pending in Congress, would have a profound impact in improving the lives of LGBT students in the U.S. by ensuring that discrimination and harassment of students on the basis of their real or perceived sexual orientation or gender identity has no place in our country’s public elementary and secondary schools. Please stand with the ACLU in support of LGBT students by urging your members of Congress to support the Student Non-Discrimination Act today.
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Senator Franken Releases New "Making It Better" Video
0Senator Al Franken (D-Minn.), a strong champion for lesbian, gay, bisexual, and transgender (LGBT) youth and students in Congress, has just released a new three minute video in support of S. 555, the Student Non-Discrimination Act (SNDA). This legislation would have a profound impact in improving the lives of LGBT students in the U.S. by ensuring that discrimination and harassment of students on the basis of their sexual orientation or gender identity has no place in our country’s public elementary and secondary schools.
Franken’s new video is a spin on the It Gets Better Project’s messages of hope and support to LGBT youth in that it describes the SNDA as a concrete step to actually make life better for these young people. As Senator Franken states in the video, LGBT students shouldn’t have to wait until after they graduate from high school to be able to go about their daily lives free from discrimination and harassment. The SNDA would help to make life better for these students now.
As the video makes clear, there is a compelling need for this legislation. Discrimination, harassment, and even physical abuse, are often part of LGBT students’ daily lives at school. A 2009 study of more than 7,000 LGBT middle and high school students across the U.S. found that nine out of ten reported experiencing harassment at their school within the past year based on their sexual orientation or gender identity, and two-thirds said they felt unsafe at school because of who they are. Nearly one-third skipped at least one day of school within the previous month because of concerns for their safety. LGBT youth are also at a significantly increased risk for suicide related to mental health issues that often arise from poor treatment and discrimination in schools.
Learn more about LGBT students’ rights: Sign up for breaking news alerts, follow us on Twitter, and like us on Facebook.
Vicious Anti-Gay Rhetoric? Check. Facts? Not So Much.
0On Thursday, subscribers to the conservative Weekly Standard received an email fundraising pitch from the president of a fringe anti-gay organization, Public Advocate of the United States, which directed tremendous venom at the Student Non-Discrimination Act, labeling it the “Homosexual Classrooms Act.” The email, first reported by Justin Elliott writing on Salon.com, opens with the following outrageous and hate-filled accusation, which would be laughable if it were not so deeply offensive:
Radical homosexuals have infiltrated Congress and want to indoctrinate children and eliminate traditional values from America while creating a society based on sexual promiscuity.
Because the ACLU has been a longtime champion of the Student Non-Discrimination Act and lesbian, gay, bisexual, and transgender (LGBT) youth, we could not allow the vicious anti-gay misinformation in this fundraising email to go unchallenged. After all, one of the brilliant aspects of the First Amendment is the ability to fight hateful and misleading speech with a counter response.
The Student Non-Discrimination Act, which is currently pending in both chambers of Congress, would have a profound impact in improving the lives of LGBT students in the U.S. by ensuring that discrimination and harassment of students on the basis of their sexual orientation or gender identity has no place in our country’s public elementary and secondary schools. This is a goal that should, and does, transcend party affiliation and ideology.
The email goes on to list what it labels a “laundry list of anti-family provisions.” The problem of course is that nothing on their list is actually true. For example, the email claims that the legislation would force a pro-LGBT curriculum on private and religious schools. Well, guess what? The Student Non-Discrimination Act only applies to public K-12 schools nationwide. In addition, the legislation specifically includes language restating the legal right of students to form extracurricular Bible clubs in public schools.
About the only thing this email gets right are the very impressive cosponsorship counts both bills currently have – 34 in the Senate and 150 in the House. Perhaps it is this support, made possible in no small way by the advocacy of tens of thousands of ACLU members and activists across the country, which has the anti-gay fringe so worried.
If groups like Public Advocate of the United States think they’ll be able to defeat the Student Non-Discrimination Act using misrepresentations and the language of hate, well, I think they have already lost. I take comfort in knowing that the vast majority of Americans would find the language in this fundraising pitch to be offensive in the extreme and utterly repugnant. While this fringe anti-gay fundraising pitch contains nothing but misinformation, the problems facing LGBT students in our nation’s schools are all too real. Discrimination, harassment, and even physical abuse, are often part of LGBT students’ daily lives at school. A 2009 study of more than 7,000 LGBT middle and high school students across the U.S. found that nine out of ten reported experiencing harassment at their school within the past year based on their sexual orientation or gender identity, and two-thirds said they felt unsafe at school because of who they are. Nearly one-third skipped at least one day of school within the previous month because of concerns for their safety. LGBT youth are also at a significantly increased risk for suicide related to mental health issues that often arise from poor treatment and discrimination in schools.
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Will Politics Trump Science and Undermine Civil Liberties in Spending “Deal”?
0Leading congressional negotiators are apparently putting the finishing touches on a year-end spending deal, which would fund the federal government through the end of the fiscal year (in September 2012). Because of the difficulty in getting spending agreements through a bitterly divided Congress, representatives and senators tasked with hammering out the framework of a deal have added numerous “sweeteners” to secure the votes of members who would otherwise be inclined to vote no. What might at first be dismissed as simply politics and legislative “sausage making” as usual has the potential to do real harm to civil liberties.
Many of the sweeteners that have been discussed as being on the table are attacks on civil liberties. One proposal would reinstate the federal ban on funding for syringe services programs. These programs are a proven, life-saving approach to preventing transmission of HIV and viral hepatitis, two of the major infectious disease threats facing our nation. Dozens of national, state and local organizations, including the ACLU, recently wrote to President Obama and leading members of Congress on this issue, writing:
Numerous scientific studies, including several studies funded by the federal government, have established that syringe services programs, when implemented as part of a comprehensive HIV/AIDS prevention strategy, are an effective HIV prevention intervention and do not promote drug use.
Despite the proven benefits of syringe services programs in preventing the transmission of infectious disease, some in Congress would rather put politics ahead of science and public health.
Ironically, while federal funds for scientifically proven syringe services programs could be eliminated in the spending deal, ineffective programs that actually endanger the health of teenagers could end up a big winner.
The spending deal may include language that would actually allow dedicated funding for ineffective and harmful abstinence-only-until-marriage programs. The evidence against these programs is overwhelming. Abstinence-only-until-marriage programs censor vital health care information and increase risk-taking behavior; reinforce gender stereotypes and stigmatize gay and lesbian teens; and use taxpayer dollars to promote religion.
While it’s certainly important for Congress to make sure that the federal government is funded and able to serve the American people, it should not allow a spending bill to be turned into battering ram against science and civil liberties.
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Historic Advance for LGBT International Human Rights
0Tuesday marked a historic commitment by the United States to the cause of LGBT international human rights. First, President Obama issued a memorandum directing all federal agencies engaged abroad to ensure that U.S. diplomacy and foreign assistance promote and protect the human rights of LGBT persons. The memorandum represents the first-ever U.S. government strategy dedicated to combating human rights abuses against LGBT persons abroad.
Specifically, the memorandum directs agencies to:
- Combat the criminalization of LGBT status or conduct abroad;
- Protect vulnerable LGBT refugees and asylum seekers;
- Leverage foreign assistance to protect human rights and advance nondiscrimination;
- Ensure swift and meaningful U.S. responses to human rights abuses of LGBT persons abroad;
- Engage International Organizations in the fight against LGBT discrimination; and
- Report on progress.
Later in the day, in recognition of International Human Rights Day, Secretary of State Hilary Clinton delivered a landmark speech before the U.N. in Geneva on the importance of LGBT international human rights. For those who haven’t seen the speech, it really is a must-see. You can watch the entire speech by clicking here.
The speech is remarkable on many levels. What comes across throughout is the depth of commitment to this issue that is unmatched by anything preceding it. As Secretary Clinton states clearly upfront:
Like being a woman, like being a racial, religious, tribal, or ethnic minority, being LGBT does not make you less human. And that is why gay rights are human rights, and human rights are gay rights.
She calls the struggle for LGBT human rights one of the important “remaining human rights challenges of our time.” Throughout the speech, Secretary Clinton described basic truths for LGBT around the world, but truths that are rarely heard from such a prominent international figure on a global stage. For example: ,
…gay people are born into and belong to every society in the world. They are all ages, all races, all faiths; they are doctors and teachers, farmers and bankers, soldiers and athletes; and whether we know it, or whether we acknowledge it, they are our family, our friends, and our neighbors.
Listening to the speech, I was thinking about what this commitment from the U.S. will mean to LGBT activists and advocates around the world, particularly those like Frank Mugisha from Uganda, who often do this critical work at great personal risk. In a recent interview with TheRoot.com, Mugisha described some of these risks:
If you are an activist, then you have to calculate and decide, "Should I take that street, should I go to that shopping mall, should I do this today, even?” Because you don’t know where the harassment will come from.
Tuesday’s memorandum and speech follow adoption, for the first time ever, of a resolution by the U.N. Human Rights Council in June condemning violence and discrimination against those who are LGBT. It was the first U.N. resolution to focus solely on LGBT persons.
Tuesday’s developments were a great step forward for LGBT international human rights. We certainly hope it is a sign of further progress to come in the trend toward a greater global recognition that LGBT rights are really core human rights. That is the position that the ACLU will certainly be working to advance here at home.
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Making It Better in the Big Leagues
0Many people may have been too preoccupied with holiday travel and tasty food to notice, but last week Major League Baseball (MLB) and the Players’ Association reached a new, five-year collective bargaining agreement (CBA), which ensures that America’s pastime will continue uninterrupted through the 2016 season. So what, you ask? What has this got to do with civil liberties? Well, included in the new CBA are important sexual orientation nondiscrimination protections.
When I first heard about this latest civil rights advance for current and future gay professional baseball players, I immediately thought of the late Glenn Burke, a former outfielder for the Los Angeles Dodgers and Oakland A’s in the late 1970s who was also the first MLB player to publicly acknowledge that he was gay. Despite putting up solid numbers and playing in a World Series, Burke was driven from baseball in 1980 at the age of 27. As was reported in the New York Times obituary at the time of his death, Burke said people too many people in baseball condemned his sexuality:
Prejudice drove me out of baseball sooner than I should have. But I wasn’t changing.
It breaks my heart that this man was driven from the game of baseball and never permitted the opportunity to reach his full potential because he was gay. While we should certainly honor his memory and fighting spirit against imposed closets, we should aspire for a world where this could never again happen to another player. This new agreement seems like an important step in the right direction.
The most recent announcement comes on the heels of the NFL CBA which was finalized over the summer and also included specific sexual orientation nondiscrimination protections. Professional football and baseball join professional soccer and hockey in having nondiscrimination policies that include protections based on player’s sexual orientation.
These nondiscrimination policies are important because they remove some of the risk for a player if he decides to come out and live openly. And yes, job security is important, even in the world of professional sports. Amazing though it may seem in the year 2011, there still is no federal law that expressly protects people from discrimination in employment on the basis of either sexual orientation or gender identity. Clearly the U.S. Congress could learn a thing or two from the big leagues and finally pass the Employment Non-Discrimination Act (ENDA).
Throughout the 2011 baseball season, numerous teams contributed videos to the It Gets Better Project, including the San Francisco Giants who were the very first to do so. Well, this new MLB CBA is actually a concrete example of team owners and players coming together to make it better. As I originally said at the time the NFL CBA protections were announced, I hope the important nondiscrimination message in these professional sports agreements makes its way down to both college and high school athletes. Knowing that it gets better even in the world of professional sports can really be a game-changer for LGBT youth, particularly those involved in athletics.
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