The purpose of this "Equity by Design" brief is to aid administrators in protecting sexual and gender minority students from discrimination and harassment. Specifically, this Brief presents Title IX's conceptualizations of sex and harassment to identify who is protected, and from what. Further, it discusses how to navigate backlash…

This four-day learning activity on the controversy of exclusion of gays and subsequently atheists in Boy Scouting is particularly relevant because it highlights the complexities that surround issues of equality, equity, the provision of leisure services, First Amendment rights, and the implications of court decisions on social justice. This lesson…

In the wake of institutionalized homophobia afflicting public schools, the nation faces a unique opportunity to acknowledge and transform the assumption that all people are or should be heterosexual and gender-conforming. In this article, the author examines how people, as a nation, can reform schools to be more inclusive of diverse student…

Federal court cases are examined in an effort to view recent First Amendment rights infringements which have occurred in Mississippi. Case law reinforces students' rights to wear same-sex outfits to school functions as well as to bring same-sex dates. Connection to a recent civil rights investigation by the NAACP into a north Mississippi middle…

Despite past lessons, book-banning continues to exist at all levels within our democratic society. This case presents a realistic scenario when the school district, facing a book challenge by a concerned parent, responds by removing the book from the library. On the basis of a true story, the study features a parent of an elementary child…

This article explores the impact on students when non-university-affiliated conservative fundamentalist Christian groups conduct provocative demonstrations on campus. As university administrators work to balance free speech rights with missions of civility and pluralism, there is a need to assess and address potential adverse impacts of these…

This case study focuses on issues of freedom of speech and freedom of religion in public schools. It involves a rural, southern high school where a group of students participated in a Day of Silence. The school allowed the students to participate based on the principal's understanding of the students' First Amendment rights. However, the next day,…

The Christian Right opposes the inclusion of sexual orientation in school policies, charging that the schools are legitimating and promoting homosexuality. The arguments have moved past the trite, "God created Adam and Eve, not Adam and Steve," to claims of violations of parental rights and the First Amendment, often positioning…

This article presents a teaching case that involves the presentation of an actual incident in which a state commission on judicial performance had to balance a judge's First Amendment rights to protected free speech against his public statements about a societal class/group that were deemed to be derogatory and inflammatory and, hence, cast…

Schools are experiencing an increased level of litigation about issues pertaining to sexual orientation. This monograph provides educators and attorneys with a comprehensive analysis of this litigation along with practical tips for avoiding lawsuits in this sensitive area. The monograph consists of six chapters and addresses the following topics:…

Discusses case of peer-to-peer harassment of a homosexual high school student in Nevada involving "Tinker" First Amendment expression issues and Title IX peer-harassment case law. Prior to trial, school district agreed to a substantial monetary settlement, but did not admit to First Amendment or Title IX violations. (Contains 13…

Groups that often find themselves on opposing sides of the cultural war over gay rights have bridged their divide to draft consensus guidelines designed to help public schools address sexual-orientation issues with sensitivity and respect. Representatives from the Christian Educators Association International and the Gay, Lesbian and Straight…

Removal of school library books is again an issue in the courts. In a 1993 Kansas City case involving the superintendent's removal of "Annie on My Mind" from several school libraries, the federal court found that school officials' motivation violated the First Amendment. Administrators must resist the temptation to quell controversy by…

School leaders must recognize and respect the freedom of expression rights of students within reasonable limits, but they may restrict student expression that creates material and substantial disruption to the educational process. The challenge for school leaders is to achieve the proper balance between the rights of students and the needs of…

Public broadcasting in the United States frequently draws criticism from conservatives who accuse it of pursuing an agenda promoting environmentalism, gay rights, affirmative action, reproductive choice, and other liberal causes, and of being hostile to conservative interests such as defense, the pro-life effort, and the promotion of Christian…