Discrimination based on sexual orientation in K-12 education is not prohibited in many school districts across the United States. Teachers who are of the sexual minority (gay, lesbian, or bisexual) must remain closeted or risk losing their jobs. A history of past court decisions and laws deeming sexual minorities to be degenerates from which…

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…

States that the Supreme Court's 1996 ruling in Romer v. Evans is widely seen as a significant extension of civil rights to gays and lesbians. Offers a reading of the case that eschews traditional and formalistic legal analysis in favor of more critical approaches to understanding the role of law in lived experience and communal life. (PA)

This paper considers recent state and federal court decisions regarding the private lives of teachers. It discusses in detail cases involving homosexuality, which are the most controversial, and cases involving heterosexuality. Also discussed are cases involving teacher relationships with minor students, nonsexual immorality, drug-related…

The conflict that often develops between university administrations and students wishing to form a gay student organization is discussed. Cases addressing the rights of gay student organizations are analyzed. (MLW)

The Supreme Court opinion's absolute authority and guaranteed admission to the legal canon make it a rhetorically unique genre, but nevertheless one that is illuminated through close analysis. On June 30, 1986, the United States Supreme Court announced its decision in Bowers v. Hardwick, expressing a judgment that the Federal Constitution does not…

This paper discusses the current issues of homosexuality, the law, and public schools. It states that school administrators need to understand homosexuality as a concept and as a legal issue because research on homosexuality has historically been remiss and court cases regarding the rights of homosexuals are increasing. Following a brief summary…

Although individual exceptions exist, the judiciary as a whole has failed in its impartial enforcement of civil rights by displaying the subjective, emotional, and often irrational sort of judgments endemic to homophobia in cases involving gay rights. (Author/EB)

Via a case study, this paper explores the legal question of whether a local school board's inquiry into the fitness of its teachers can extend outside the classroom. This issue is discussed within the framework of two divergent views concerning the absolute nature of First Amendment rights on the one hand and a compelling state interest that may…

The college administrators, who push homosexual rights so vigorously, are confused. They routinely flout the law, abandoning any pretense of neutrality, by censuring organizations that do not embrace gays into their midst. Again and again they punish or expel individuals for whom certain behaviors remain perverse or sinful. David French represents…

Many parents demand the right to instruct their children at home regarding sexual issues, while educators want the right to be honest and forthright with their students. Homosexuality is a highly emotional issue, and people are divided as to whether discussions about it have a place in the classroom. Examines several court battles. (MLF)

In light of its recent and unequivocal support of gay civil unions, Canada enhanced its reputation as the most tolerant and progressive country in the western hemisphere. Regardless of how far people come in the fight for lesbian, gay, bisexual and transgender visibility, there will be minor setbacks along the way. Around the same time as the…

Drawing upon queer legal theory, historical policy analysis, and social, legal, and educational history, explores the legal foundations and maintenance of what is described as the assimilationist imperative for lesbian, gay, bisexual, and transgendered administrators working in public schools. (Contains 81 references and 12 case law citations.)…

A district court decision that the firing of a bisexual counselor violated free speech and equal protection of the law was reversed by the Sixth Circuit Court of Appeals. Although the United States Supreme Court declined to review the case, Justices Brennan and Marshall wrote dissenting opinions claiming unresolved constitutional issues. (MLF)

A case in which a Georgetown University gay student group sued the institution for its refusal to allow use of university facilities is discussed, focusing on the conflicts between freedom of religious exercise and statutory civil rights and between libertarian and egalitarian values. (MSE)