Showing posts with label legal rights. Show all posts
Showing posts with label legal rights. Show all posts

Wednesday, July 8, 2015

"Religious Freedom" (for Children) Reply

During another online discussion, as a response to the recent marriage equality ruling by SCOTUS , anti-gay religious people were feeling persecuted because they couldn't persecute gay people. They want their religious freedom to discriminate not just in their places of worship (you know, the place that is supposed to teach them to be Christlike) but also places of employment.

The last sacrament meeting talk I heard was over a year ago. Bro. M was teaching from Elder Oaks' sermon about how their religious freedom was being attacked. That was the last time I've been in a meeting house.

Back to the online discussion: Amongst the whining of those who don't know what REAL religious persecution is, I made the following statement.

If we are talking religious freedom, then let's go all the way: let's prohibit indoctrinating children into one, exclusive religion. Objectively present different philosophies to the children, show why you like your particular one, and then let them decide. Let them use their knowledge and intellect to choose to join or not join.

That's religious freedom.

Spoon-feeding to them what you've been spoon-fed, instilling fear to question because it was instilled in you, forcing them to be baptized and giving them the illusion it's their choice, whispering "their" testimony in their ear so they can regurgitate it into the microphone, and shaping them to think and act like the group through one-on-one worthiness interviews is not religious freedom. It's called brain-washing.

I know because I was in it. I used to say, "I'm not brain-washed, I'm spirit washed!" Then the bubble popped. All those items I dutifully "put on a shelf" I removed and took them to mormonthink.com and cesletter.com

Ahhhh. Freedom.

Image Credit: easyhealthoptions dot com
Image Credit: deviantart dot com

Thursday, February 27, 2014

Our GSA Invitation to the State Capitol for Compassionate Conversation Event

Last Thursday, our faculty advisor received the following letter from Equality Utah:

Hey [    ], looks like you just can’t get rid of me! Ha. So, Senator Dabakis is hosting a “Compassionate Conversation” next week to help share the stories of LGBT people and their allies to some of his republican colleagues at the legislature. He specifically wanted me to reach out again and invite the [   ] GSA and its advisors to be in the room and hopefully share a little of why building welcoming spaces in our state is so important.

The meeting is next Wednesday @ 6pm in the Capitol. Would you and some of your students want to come down and attend?

Please let me know.

A
With Senator Dabakis
I wish our whole group could have gone.
This was a very special invitation to a historic event. There were about 12 people invited to speak, and our GSA student was one of them! Three of our faculty advisors, 5 GSA members, and I attended. It was wonderful and up-lifting. The stories of discrimination were heartbreaking, but the opportunity to be heard was heart-healing. 
These are great souls. I would be proud
to be any of their moms.
Here is a link for the testimonies: Equality Utah

These are links of local news coverage of the event:
sltrib - article, photos
Fox13 - article, video
2KUTV - article, video
ksl - article, video
ABC4Utah - article, video

And I'd like to add this link of my friend Ellen's post about last night, how it lifted her, and her positive impression of Lt. Gov. Spencer Cox.  >> "Utah State Senate Testimony Session."


WE ARE PROUD TO ANNOUNCE A HISTORIC OCCASION-A JOURNEY OF 1000 MILES STARTS WITH A SINGLE STEP.  Senators Steve Urquhart and Jim Dabakis will host the first ever conversation between the LGBTQ Community and Utah State Leaders. The Lt Governor of the State of Utah, Assistant Attorney General, the President of the Senate, legislative leadership, members of the House and Senate will gather to listen to the testimonies of twelve honored LGBTQ Utahns from every part of the state.

Wednesday, February 5, 2014

To Our GSA Students, From Senator Valentine

Update: Sen. Valentine voted to not even consider the bill this session. (Sen. Urquhart was the only one who voted to look at the bill. This is the 6th year this bill has been proposed and ignored). These senators are not representing the people (70% polled are for it). Makes me wonder who they are representing. Here's an article from today, 2-7-14: HERE.

Last week, GSA students wrote to our local legislator, Senator Valentine, asking him to read and consider Utah SB 100. You can read the letters HERE.

Senator Valentine respectfully responded to the students. I am disappointed, however, that he doesn't separate housing and employment discrimination from the gay-marriage debate (his is stance on it, btw, shows that he believes that the majority should be allowed to determine minority rights*). He also doesn't seem to have taken the time to educate himself about what transgender is. I want to believe that if he understood, his letter would be much different. But I am grateful that he responded to them.

If you could make sure that {    } and {    } receive this letter, I would greatly appreciate it. Thank you.

Dear {    } and {     },

Thank you for your input about SB100, Antidiscrimination Amendments.

As your legislator, I share your concern about this issue and understand your strong feelings about it.

Judge Shelby’s decision is a reaction by the Judicial Branch of government to policy decisions already made by Utah’s Legislature and the people of Utah.  The Utah Legislature strongly supports traditional marriage for the state of Utah:  it submitted Amendment 3, a proposed constitutional amendment that defines marriage as a legal union between and man and a woman, to the voters; and it has enacted laws implementing that definition.  The voters, by enacting Amendment 3 as Article I, Section 29 of Utah’s Constitution, also emphatically adopted that definition of marriage for all of the citizens of the state of Utah.

I am concerned about the unintended consequences of SB100. No one condones hate driven discrimination, but there are provisions in this Bill that are problematic, such as defining and protecting “gender identity” (without regard to birth) and “sexual orientation” (actual or perceived orientation as heterosexual, homosexual, or bisexual). These and other provisions contained in SB100 cause me grave concern about the legitimacy of this legislation. With the backdrop of the challenge to our constitution, it is premature to take up consideration of such far reaching legislation.

It is also important to separate this issue from the people involved.  As your legislator, I respect our gay and lesbian citizens and their families and understand their commitment to their beliefs.  I would urge you, and all the members of our community, to actively show respect for everyone involved with this issue, regardless of their position or their comments.

Thank you for interest in this, and other, issues of importance to the state of Utah and its citizens. It is an honor and privilege to serve as your legislator.

Respectfully,

Senator John Valentine


Last thought: "It is also important to separate this issue from the people involved." -- Hm. IMO, there has been too much separation between this issue and the people involved. This issue is about people and affects them greatly. But, I suppose he could be trying to say to not let his differing opinion about this one issue make you think he's not a good leader in other areas. 

image credit: sonsoflibertytees dot com
*2-5-14: A response to Utah's brief to the 10th Circuit: "While it is generally conceded that the teachings of the LDS Church have traditionally contributed to the stability of Utah's families … it is wrong for the State to serve as the enforcer of Mormon teachings - even if a majority of the citizens in this state are Mormon. It is further wrong - and unconstitutional - to use such teachings in order to deny civil rights to a minority of citizens of this state." 

Sunday, November 17, 2013

Alpine School District Board Meeting to Vote about GSA

Alpine School District Board Meeting, 10-08-13, began 7:20
Members attending: Henshaw, Halladay, Sundberg, Burton, Carlson, Taylor, Hart, Vance (Secretary)
Members absent: Smith

Those of us supporting the GSA attending (8 of us):
Faculty advisor (FA), GSA president, two more students, an alumnus, myself, and two of my friends who both are active in our LDS church and have gay sons.

Community members attending included students doing a class assignment, those for other agenda topics, and Gayle Ruzicka, leader of Utah's Eagle Forum.

None of us knew what to expect. Before the meeting, we saw a sign-up sheet to speak three minutes to the board. I couldn't think at that moment. I felt that all of my hard work to get this far would be wasted if I were the one to speak, that somehow I would mess it up. Our FA was willing to speak and had experience from presenting the GSA to the school's faculty chair members.

While the issue of bus routes was being discussed, we were brainstorming about what the FA would say. As nervous as she was, she held it in with grace and composure.

The topic of school clubs was next. There were 80 applications for student clubs. The board had to vote to approve all or none.

Three speakers against the club spoke first and then our FA. Unbeknownst to me, the alumnus who joined us recorded all 4 three-minute speeches. (J, you are awesome!) Ruzicka was the first and used fear tactics to dissuade board members. Another speaker threatened to not vote for the board members, and the other used scripture to preach against homosexuality.

Here is Ruzicka and part of the second speaker:
https://soundcloud.com/ginac99/gayle-ruzicka-of-utah-eagle

Here is the second and third speaker followed by our faculty advisor. I really should transcribe what she said. It was wonderful. She starts at minute 6.30.
https://soundcloud.com/ginac99/end-2nd-speaker-3rd-speaker-fa

Then the board discussed. Here is a little of what was said:

Hart, from what I gathered, didn't like "rubber-stamping" all the clubs through without knowing the details. I think she wanted to vote on each individually or didn't want to vote at all.

Taylor emphasized that all clubs are to follow all laws, and there is to be no inappropriate discussion and activities.

Carlson brought up parent participation to be considered and that permission slips are mandatory for all students for all clubs.

Halladay, was very much against the GSA. He wished there was a closed session to discuss this. He felt a vote for the GSA would equal promoting it. He mentioned seeking legal counsel about the risks of having this club.

Sundberg warned about discrimination.

Henshaw, the superintendent, confirmed he sought legal counsel the day before. Every club that is being voted on had followed the policy prescribed by this school board. In order for the application to get this far, it had to be approved at the school level. Each club did what the board asked, including ours. To discriminately choose will be problematic. The board does have the right to change the policy and review applications one by one and have each faculty advisor meet with the board. But, by judging each of the 80 applications, it opens the board up to discriminate and, therefore, be subject to lawsuits. The legal councilor would not advise the board to "micro-manage." On the other hand, the board also has the right to reject all applications (all or nothing).

And then what happened was very anti-climatic. I don't recall what was spoken next, but I saw some hands go up then down, followed by more hands going up, then down. "Have it noted four ayes and two nays." And, then without skipping a beat they were talking about the next topic.

The eight of us sat there looking at each other with bewildered looks on our faces. The faculty advisor leans in and says, "I think we just got it." We still weren't sure. I was expecting something like, "We will now vote on passing the clubs including the GSA! (insert fanfare) All in favor of passing these clubs, vote 'Aye!'" It was nothing like that. We weren't clear about what was voted. Is there another step we have to take or another meeting?

My friends went home. The alumnus and I escorted the GSA students out while the FA waited until the meeting was over to confirm that we won.

We won.

Image credit: dreamstime dot com
(Hart and Halladay were the nays,
willing to get rid of all clubs just to prevent one.)


Monday, September 9, 2013

Legal Rights: Key Policy Letters from the Education Secretary and Deputy Secretary

Link: U.S. Dept of Ed: Key Policy Letters from the Education Secretary and Deputy Secretary

June 14, 2011

June 14, 2011
Dear Colleagues:
Harassment and bullying are serious problems in our schools, and lesbian, gay, bisexual, and transgender (LGBT) students are the targets of disproportionate shares of these problems. Thirty-two percent of students aged 12-18 experienced verbal or physical bullying during the 2007-2008 school year;1 and, according to a recent survey, more than 90 percent of LGBT students in grades 6 through 12 reported being verbally harassed — and almost half reported being physically harassed — during the 2008-2009 school year.2 High levels of harassment and bullying correlate with poorer educational outcomes, lower future aspirations, frequent school absenteeism, and lower grade-point averages.3 Recent tragedies involving LGBT students and students perceived to be LGBT only underscore the need for safer schools.

Gay-straight alliances (GSAs) and similar student-initiated groups addressing LGBT issues can play an important role in promoting safer schools and creating more welcoming learning environments.  Nationwide, students are forming these groups in part to combat bullying and harassment of LGBT students and to promote understanding and respect in the school community.  Although the efforts of these groups focus primarily on the needs of LGBT students, students who have LGBT family members and friends, and students who are perceived to be LGBT, messages of respect, tolerance, and inclusion benefit all our students.  By encouraging dialogue and providing supportive resources, these groups can help make schools safe and affirming environments for everyone.

But in spite of the positive effect these groups can have in schools, some such groups have been unlawfully excluded from school grounds, prevented from forming, or denied access to school resources.  These same barriers have sometimes been used to target religious and other student groups, leading Congress to pass the Equal Access Act.

In 1984, Congress passed and President Ronald Reagan signed into law the Equal Access Act, requiring public secondary schools to provide equal access for extracurricular clubs.  Rooted in principles of equal treatment and freedom of expression, the Act protects student-initiated groups of all types.  As one of my predecessors, Secretary Richard W. Riley, pointed out in guidance concerning the Equal Access Act and religious clubs more than a decade ago, we “protect our own freedoms by respecting the freedom of others who differ from us.”4 By allowing students to discuss difficult issues openly and honestly, in a civil manner, our schools become forums for combating ignorance, bigotry, hatred, and discrimination.

The Act requires public secondary schools to treat all student-initiated groups equally, regardless of the religious, political, philosophical, or other subject matters discussed at their meetings.  Its protections apply to groups that address issues relating to LGBT students and matters involving sexual orientation and gender identity, just as they apply to religious and other student groups.

Today, the U.S. Department of Education’s General Counsel, Charles P. Rose, is issuing a set of legal guidelines affirming the principles that prevent unlawful discrimination against any student-initiated groups.  We intend for these guidelines to provide schools with the information and resources they need to help ensure that all students, including LGBT and gender nonconforming students, have a safe place to learn, meet, share experiences, and discuss matters that are important to them.

Although specific implementation of the Equal Access Act depends upon contextual circumstances, these guidelines reflect basic obligations imposed on public school officials by the Act and the First Amendment to the U.S. Constitution.  The general rule, approved by the U.S. Supreme Court, is that a public high school that allows at least one noncurricular student group to meet on school grounds during noninstructional time (e.g., lunch, recess, or before or after school) may not deny similar access to other noncurricular student groups, regardless of the religious, political, philosophical, or other subject matters that the groups address.

I encourage every school district to make sure that its administrators, faculty members, staff, students, and parents are familiar with these principles in order to protect the rights of all students — regardless of religion, political or philosophical views, sexual orientation, or gender identity.  I also urge school districts to use the guidelines to develop or improve district policies.  In doing so, school officials may find it helpful to explain to the school community that the Equal Access Act requires public schools to afford equal treatment to all noncurricular student organizations, including GSAs and other groups that focus on issues related to LGBT students, sexual orientation, or gender identity.  Officials need not endorse any particular student organization, but federal law requires that they afford all student groups the same opportunities to form, to convene on school grounds, and to have access to the same resources available to other student groups.

The process of revising or developing an equal-access policy offers an opportunity for school officials to engage their community in an open dialogue on the equal treatment of all noncurricular student organizations.  It is important to remember, therefore, that the Equal Access Act’s requirements are a bare legal minimum.  I invite and encourage you to go beyond what the law requires in order to increase students’ sense of belonging in the school and to help students, teachers, and parents recognize the core values behind our principles of free speech.  As noted in our October 2010 Dear Colleague Letter and December 2010 guidance regarding anti-bullying policies, I applaud such policies as positive steps toward ensuring equal access to education for all students.

Thank you for your work on behalf of our nation’s children.
Sincerely,

/s/
Arne Duncan

Enclosure download files MS Word (43 K)
1Dinkes, R., Kemp, J., and Baum, K. (2010). Indicators of School Crime and Safety: 2010. (NCES 2010-012/NCJ 228478). 42 National Center for Education Statistics: Washington, DC.
2Kosciw, J. G., Greytak, E. A., Diaz, E. M., and Bartkiewicz, M. J. (2010). The 2009 National School Climate Survey: The experiences of lesbian, gay, bisexual and transgender youth in our nation’s schools, 26, New York: GLSEN.
3GLSEN, at 46-8.
4U.S. Department of Education, “Secretary’s Guidelines on Religious Expression in Public Schools,” August 1995.
Image Credit: lgbtprogres dot me

Tuesday, August 13, 2013

ACLU Tips on Starting a GSA (and Legal Support)

Link: ACLU Tips on Starting a GSA   (Printable Version HERE)

November 1, 2011
Gay-Straight Alliances, or GSAs, are student-led and student-organized school clubs that aim to create a safe, welcoming, and accepting school environment for all youth, regardless of sexual orientation or gender identity. GSAs provide a supportive environment for lesbian, gay, bisexual, and transgender (LGBT) students, as well as those who are perceived by others to be LGBT, are questioning their identity, have LGBT friends or family members, or just care about LGBT issues.
GSAs help make schools safer for all students by providing support, educating others in their school about LGBT issues, and engaging in awareness activities like the national Day of Silence. GSAs also allow LGBT and straight students to work together to take on issues that affect all students, including harassment and discrimination based on sexual orientation, gender identity, and gender expression.Research has shown that LGBT students hear fewer homophobic slurs, experience less harassment, have better attendance, and feel safer at schools that have GSAs. Like any club, what a GSA does is up to its members, but it often includes things like pitching in on community service projects and getting together for social activities.
While school administrators sometimes balk at allowing students to start GSAs, federal law guarantees that students at public high schools have the right to do so. Under the law, there are two types of clubs in public high schools: curricular clubs (those that relate directly to things that are taught in the school, like the Math Club), and non-curricular clubs (those that don't relate directly to things that are taught in the school, such as the Key Club or Chess Club). The federal Equal Access Act says that if a public high school allows students to form any non-curricular clubs at all, then it must allow students to form any non-curricular club they want — and it also has to treat all non-curricular clubs equally. If you're trying to start a GSA at your school and your administration tries to stop you, or if doesn't allow the GSA to do things that it lets other non-curricular clubs do, keep reading for tips on what to do.
Starting a Gay/Straight Alliance
Here are the basic steps to starting a GSA at your school. Chances are you'll be able to start your GSA with no problems - after all, over 4,000 GSAs already exist in every state in the nation. Sometimes, though, administrators, parents, or other students try to stand in the way of GSAs. In case that happens at your school, we're including information on how to handle opposition.
1. Be Able to Explain Why You Want to Start a GSA
Some of the people you have to talk to along the way may ask you why you want to start a GSA. That's not a bad question to ask yourself. Under the law, you don't have to have a reason to start any non-curricular club. But it's important to be able to rationally explain your reasons for wanting a GSA to people who oppose you or just want to know more about what the club is all about. Is anti-gay harassment a problem at your school? Do LGBT students or allies who want a safe, supportive space where they can be themselves? Those are both really good reasons to start a GSA.
2. Find Out Your School's Rules for Setting Up a Club
Starting a GSA is just like starting any other school club. Get a copy of your student handbook, and look up your school's requirements for student organizations so that you can be sure to follow the rules carefully. If it's not in the student handbook, ask an administrator, guidance counselor, or the faculty sponsor of an existing club what steps are required to start a club. Some of the things you may have to do are find a faculty advisor or write a constitution or mission statement. Be sure to do everything you're supposed to do according to the school's rules.
3. Find a Faculty Advisor or Sponsor
Most schools require that clubs have faculty advisors or sponsors. And even if your school doesn't require one, it's not a bad idea to have one. Ask a teacher (or, if your school allows them to be club sponsors, a staff member like a counselor or librarian) who has shown herself or himself to be supportive of LGBT students to be the advisor or sponsor for your GSA. Your faculty advisor can help with things like writing a constitution and explaining why you want to start a GSA to others. Keep in mind that if your school isn't very friendly to the idea of a GSA, some teachers who want to help may be more comfortable doing so in a more behind-the-scenes way.
4. Tell the Administration That You Want to Start a GSA
Talk to your school principal or assistant principal and let him or her know that you plan to start a GSA. A supportive administrator can really help you move things along, and if he or she isn't supportive, then at least you'll know where you stand, which will help you figure out what to do next. If he or she says that a GSA won't be allowed, ask why so that you can prepare yourself to address his or her concerns, and tell him or her that preventing a GSA from forming is against the law under the federal Equal Access Act. Be respectful and don't get into a big fight about it — for now, just make note of what reasons he or she gives you. You can take the time to respond to your administrator's arguments against forming a GSA in the next step. See "Common Arguments Against GSAs — and Why They're Wrong" below for responses to some of the reasons school administrators say they won't allow a GSA.
5. Prepare and Turn In Any Necessary Paperwork
Make sure you follow the rules thoroughly and correctly. If you have to write a mission statement about your GSA, check out some examples from other GSAs around the U.S. This is a good time to address any concerns or arguments your administrator may have brought up earlier. If you anticipate problems with your application, you might want to contact the ACLU now — we can offer suggestions and advice for how to prepare your application to form the club. Keep dated copies of any forms or other paperwork you have to turn in for your club application, and keep notes on when and to whom you turned them in to as well as any conversations you have with school officials about starting the club. Print out and keep copies of any emails you've exchanged with school officials about the GSA, too. If your school gives you any trouble later about starting your GSA, then at least they won't be able to say they're doing it because you didn't sign a required form or made some other mistake with your application.
If the School Says No
If your school turns you down, tells you that you have to change the name of your GSA or that it can't be focused on LGBT issues, tells you that students have to have parental permission to join the GSA when it doesn't require that for other clubs, or tries to tell you that the GSA can't do things that other clubs get to do like have a photo in the yearbook or make club announcements, you should contact the ACLU. We might be able to help!
If the School Says Yes…
6. Start Meeting!
Congratulations! Check out our library of resources on LGBT school issues for links to materials that can help you come up with meeting topics and activities and more information on your rights.
7. Common Arguments Against GSAs — and Why They're Wrong
"We can't let our students have a club that's about sex."
GSAs are NOT about sex. GSAs are about valuing all people regardless of whether they're gay, straight, bisexual, transgender, or questioning. Like any other club GSAs offer students with a common interest a chance to connect and give students a respite from the day-to-day grind of school. They're about creating a supportive space where students can be themselves without fear and making schools safer for all students by promoting respect for everyone. A GSA meeting is no more about sex than the homecoming dance or any other school-sponsored activity. And several federal courts have ruled in favor of GSAs when schools have used this as an excuse to try to stop them from forming.
"We can't let outsiders come in and start this kind of club in our school."
Outsiders don't form GSAs. GSAs are started and led by students. While there are a couple of organizations that have tried to create contact lists or loose coalitions of the over 4,000 GSA clubs across the country, GSAs aren't chapters of some larger organization. There is no big, evil national GSA conspiracy out there trying to get its hands on the youth of America. And according to the federal Equal Access Act, students can start any kind of non-curricular club at their schools that they want.
"It's just too controversial."
Sure, a GSA may be controversial, but it's illegal for schools to use that as excuse to silence them. If other students, parents, or community members are in an uproar over a GSA, the school's responsibility is to address those people's concerns - not shut down a group that is peacefully doing its thing just because some people don't like it. Besides, when a GSA becomes a point of contention in a community, it really only proves the need for the GSA to exist in the first place. And again, several federal courts have ruled in favor of GSAs when schools have used this as an excuse to try to stop them from forming.
"If we let students start a GSA, then we'd have to let students form any other kind of club they want. What if they wanted to start a KKK club?"
If a club's purpose is to harass or intimidate other students, then the club is disruptive to the educational process and the school can stop it from forming — so this kind of argument just doesn't fly. Letting students start a GSA doesn't mean all those other crazy sorts of clubs some school say they're so scared of are going to materialize out of thin air. Have a lot of students been approaching your school about starting a KKK club? We really doubt it!
Got any questions? Want some advice on starting your club? Contact the ACLU! Your contact with us will be kept confidential, and we won't contact your school or do anything without your okay.

Good luck with your GSA!
Image Credit: brodylevesque dot blogspot dot com