State motto Q & A TER OF TH PRON RonR edt ACLU sues Maumee schools over student harassment Pattern of assaults and abuse over gay rights talk goes unchecked for years he ACLU of Ohio has filed suit in United States District Court in Toledo on behalf of Maumee middle school student targeted for harassment and assault because he spoke out on behalf of an older brother whois gay. ‘The suit, one ofthe ist ofits kind nationwide, focuses onthe right of st dens to be fe from sexual harassment at the hands of thie pers, aright recognized last term by the U.S. Supreme Court. ‘Arcomeys For the family of Matthew Schroeder the student in question, allege that Matthew was targeted by classmates for repeated assaults and relendless haras- iment over a two-year period when he re- fased to stop speaking out for gay rights, and publicly identified with an older brother, Christopher, who is gay. ‘Maumee schools officials repeatedly failed to procece Matchew from his lass- mates, despite feequent calls for interven- tion from his family. Officials reused to adhere tothe schools’ own non-sexual ha- rassment policys they custom the policy only in cases of “straight” harass ment aimed at girls. Worst of al, officials took a “blame the vieti” stance: chy told Matthew char iFhe would only shu up and stop defending his brother, the abuse ‘would stop, This violates the Fest Amend- enforce ment, in that the policy and practice of the diserict has chilled Matthew in his sight to free expression. Appallingly as the abuse continued, oficials suggested home schooling, and lat, :ecommended Mat thew be plac in school for children with severe behavioral problems. ‘The end rsule ofthese ations for Macthew was a school environment laced with epithe, violence and threats of vio- lence. The suit alleges that schoo officials ‘Matthew's rights under both the Consticu- tion and Title IX of the Education ‘Amendments of 1970. These feral laves prohibit gender bias and sexual harassment jn schools that recsive federal funds, and entitle students co a learning environment fre from bullying and eaunts based on sex or gender. ‘A-similar pect-on-peer harassment 1 prosecuted for taking nude photos of her 1 childhood. Prosecutors in Lorain ACLU supports mother in photo case Ina cate that gained national aten- tion, the ACLU of Obio filed an ataicus icf in January in supporc ofa mother daughter. The photos were brought 10 the arention of authorities by the lb that developed them. ‘The mother, Oberlin, Ohio resident (Cynthia Stewart, rook the phocos as an artistic documentation of her daughters Couey however alleged chat Stewart ‘was guilty ofthe illegal use ofa minor in ‘nudity-oriented martial or performance. ‘The ACLU brief, written by volua- teer atomney Bradley Greene, asserted that the statute isso vague and averbeoad that parents across the sate ate at risk of prosecution for taking innocent photos ‘of their children, ‘The case was resolved in April, when Scewart accepted a diversion agree~ ment offered by the prosecutor. As part of the agreement, the phocos in question will be destroyed, and Steware must complete 6 ‘months of counseling, Perhaps most diffi cule for Stewart, she much acknowledge lawsuit was fled in Wood Couneyin De- > ‘cember by a git! who contended her schoo! | *E. Leng could be innerpreted as sexually did noe provide a safe school environment + °T*M othen she reported co fii hata group SEmenis ring gc ot ow aoleer and repeatedly dueatened to beat my daughcer tha did nor sand up herent ad fo beat + for what believed in.” Stewart explined 7 HE pel pate ae papi in mid-April. 5 Stewart acceped the diversion program cominued on page? because she wanted to protect her childee ee eee eee this Honorable Cour, as exe s ceremonial dest,” «sore of rocation of the divine that ad- thea parccular religious caine of given faith. Tis his f doctrinal content which has to oleae the use of “In God asa national moc that “has no oe reualxic impact.” Where docs the state ‘motto come from, any- way, and why does it matter? ‘Acone point in the Gospel of Matthew a rich young man ap- susand asks whar he has to do achieve salvation. Jesus answers uld give his wealth co the poor ea disciple. The young man is ‘more than an “inspirational saying,” as cet- tain state officals have called it. Ir makes the motto the official adoption of a par- ricular point of view about the relationship berween God and humanity, a view not necessarily shared by Jews and Moslems, and foreign to such faiths as Buddhist, Tao, Shinto and Hinduism, Ras violations of the Estab- lishment Clause. Our coastization requires that govemnment remain sity neutral with respec co religion, The moxto not ‘aly advances rigion, but it choose 10 promote a given doctrinal view as the “of ficial” prin of view of the State of Ohio ‘That sends a messege co evry non-Chiis- Most people have no tian in the state that he or she isa second- idea where the motto __class citizen whos belief system docenit ‘came from. Does all merit ehe approval of the state in quite the this scholarship matter same way as Christianity: No one would to anyone but theolo- think it rivial if he stare were to put sians and judges? ‘crosses on its public buildings, or Stars of Ofcourse ie does. David on its doors, ‘The fact that most people ae unaware of Maumee student omied on page 2 The Scheoader case is unique, however, in that i epresents one ofthe First forts to integrate two emerging bodies of federal law to extend protection to scudents harassed based on theie actual or perceived sexual orientation, Las term, the Supreme Court held in Davis x Menroe County Schools at school districts can be held lable for filing to put a stop to persistent and severe harassment, based on sex, about which they know. Several years ago, the high court expanded the definition of “because of ex” in the employment Jaw context co include certain sever cases of harassment based on perceived homoserual: lig. The Schroeder case, among other things, seeks to unite these interpretations into a doctrine that would offer expansive protection to students who are gay, and those who are perceived as such. As the nation continues ro confiont the isue of violence in out schools post-Colum- Vines Uneve cases lend credence fo the ACLU's postion, voiced ioimediately afer the crag- ely last Apri, chat metal detectors and secarty cameras will not bring peace and order to our schools. Only fait, consistent policies, respec fr all individuals in the school comms ning and curricula that emphasize confic resolution, mediation, and diversty awareness will begin to change the climate of fear and intolerance in many of out schools. ‘The ACLU of Obio has published a briefing paper on sexusl harassment entitled “Peer Harassment and the Lav." To receive a copy, scr 1 se-addressed stamped business- sized envelope to ACLU, 1266 W. Sixth Se, #200, Cleveland, OH 44113. Foundation funding supports education, legal programs ‘Over the las: tee year, she ACLU of Ohio Foundation has insiuced en aggresive foundation fundraising effort. We gracefully acknowledge the support of the following foundations for 1999-2000 programming: + Brush Foundation: Teen health guide + Community Foundation of Greater Lorain County: Lorain education programs + Entelco Foundation: Toledo Banned Books Week + Harry K. Fox & Eanma R. Fox Chatitable Foundation: Summer intern program + Friedman-Klarreich Family Foundation: Women’s issues intern «Legal program : Legal program + George Gund Foundation: Education coordinator postion + Nathan L. & Regina Herman Charitable Fund: Summer intern program + Ruth E Livingston Trust: Toledo Banned Books Week + David & Inez Myees Foundation: Summer intern program + Nord Family Foundation: Education programs