Are you gay?

Phi Delta Kappan

Volumn 81, Issue 4, 1999, Pages 332-333

  Zirkel, Perry A ^a  

^a LEHIGH UNIVERSITY   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0041778767     PISSN: 00317217     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (7)

1. Weaver v. Nebo Sch. Dist., 29 F. Supp.2d 1279 (D. Utah 1998). I obtained supplementary information via telephone interviews in mid-September 1999 with David Watkiss, who was one of Weaver's two attorneys, and Martha Stonebrook, who was one of the defendants' two attorneys.
2. Indeed, failure to take effective action in such cases could subject the district to liability. See, for example, Does v. Covington County Sch. Bd. of Educ., 930 F. Supp. 554 (M.D. Ala. 1996); cf. Nabozny v. Podlesny, 92 F.3d 446 (7th Cir. 1996) (student-to-student).
3. The Supreme Court's decision in Bowers v. Hardwick, 478 U.S. 186 (1986), upholding the constitutionality of a Georgia statute prohibiting homosexual activity between consenting adults, seems to strengthen this view. Yet the issue remains unsettled in various jurisdictions. See, for example, Jantz v. Muci, 976 F.2d 623 (10th Cir. 1992), cert. denied, 508 U.S. 952 (1993).
4. See, for example, Governing Bd. of Mountain View Sch. Dist. v. Metcalf, 111 Cal. Rptr. 724 (1974).
5. For early examples of this line of authority, see Morrison v. State Bd. of Educ., 513 P.2d 375 (Cal. 1969) and Gaylord v. Tacoma Sch. Dist. No. 10, 559 P.2d 1340 (Wash. 1977). For a more recent example, see Glover v. Williamsburg Local Sch. Dist., 20 F. Supp.2d 1160 (S.D. Ohio 1998); cf. School Comm. v. Civil Serv. Comm'n, 684 N.E.2d 620 (Mass. 1997) (custodian). The competing and traditional alternative to this model is the teacher as exemplar. See, for example, Todd DeMitchell, "Private Lives; Community Control vs. Professional Autonomy," West's Education Law Reporter, vol. 78, 1993, pp. 187-97.
6. National Gay Task Force v. Board of Educ., 729 F.2d 1270 (10th Cir. 1984), aff'd by an equally divided Court, 470 U.S. 903 (1985).
7. See, for example, Rowland v. Mad River Local Sch. Dist., 730 F.2d 444 (6th Cir. 1984), cert. denied, 470 U.S. 1009 (1985).