Fifty years ago, John G. Davis published an article on Teacher Dismissal on grounds of immorality and the "new morality" of the 1970s. While much has changed in terms of morality and moral turpitude in 50 years, this article reviews the current case law and reasons teachers continue to be fired today over issues of immorality and sexual…

This essay discusses Justice Anthony M. Kennedy's choice to foreground arguments from due process rather than equal protection in the majority opinion in Lawrence v. Texas. Kennedy's choice can realize constitutional legal doctrine that is more consistent with radical queer politics than arguments from equal protection. Unlike some recent…

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)

Immoral behavior does not automatically provide the basis for dismissal of a teacher or administrator. There must be a proven causal connection or nexus between the behavior and job performance. (Author/WD)

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)

Many states have laws which prohibit every sexual act except sexual intercourse between husband and wife. However, recent court decisions make most private relationships between consenting adults outside the realm of the law. The effect on sex laws is seen in an increasing liberalization of these statues. (Author)

Recent court definitions of immoral conduct require that employers establish a nexus between the objectionable conduct and the individual's fitness to teach, while teacher plaintiffs have argued that dismissals for alleged immoral conduct violated various constitutional rights. This paper reviews a cross-section of recent court cases involving…

Using a recent incident at the University of Illinois as a case study, this article demonstrates that requiring student religious organizations to comply with state university policies against discrimination on the basis of sexual orientation violates the free exercise rights of the groups' members as those rights are codified in the Religious…

Limited to teacher conduct of a nonverbal nature occurring outside the school setting, this monograph presents the case law resulting from the dismissal of teachers for unacceptable conduct. The first section reviews literature on teachers' personal conduct. The second deals with the issue of whether a teacher is obligated to serve as an exemplar…