1 / 19

Applying Sexual Orientation to the Fourteenth Amendment

Introduction. The Fourteenth Amendment provides that no state shall

lucrece
Download Presentation

Applying Sexual Orientation to the Fourteenth Amendment

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

    1. Applying Sexual Orientation to the Fourteenth Amendment Rebecca Guynes Tennessee State University EDCI 5300, Fall 2006

    2. Introduction The Fourteenth Amendment provides that no state shall “deny to any person within its jurisdiction, the equal protection of the laws.” This statement has been significant in school cases involving alleged discrimination based on race, gender, sexual identity, ethnic background, and disabilities.

    3. Purpose A landmark case invoking the Fourteenth amendment is: Brown v. Board of Education, Topeka Kansas. The Supreme Court ruled that segregation of races in public schools was unconstitutional. This presentation will illustrate the need to apply the theory of segregation in public education to students who deal with issues involving sexual orientation, sexual identity, and gender identity.

    4. Terms of Interest Sexism Sexual Orientation Sexual Identity Gender Identity

    5. Sexism – Commonly defined Discrimination and or intolerance towards individuals based on the individuals sex rather than their individual merits. Also refers to any and all systematic differentiations based on the sex of the individuals.

    6. Sexism as it relates to attitudes Belief that one sex is superior to or more valuable than the other. Misogyny (hatred of females) Misandry (hatred of males) Attitude of imposing a limited notion of masculinity on males and a limited notion of feminity on females.

    7. Sexual Orientation The direction of one’s sexual interest toward members of the same, opposite or both sexes.

    8. Sexual identity How a person identifies related to their sexual orientation.

    9. Gender Identity One’s own sense of being male or female regardless of physical attributes.

    10. The Problem An in-depth interview of 140 students and 130 parents, teachers and other school personnel in seven states found that teachers and administrators: Frequently turn their backs on these abuses Refusing to take reports of harassment Fail to hold accountable those who commit these acts In some instances, officials encourage or participate in theses abuses.

    11. Who is Affected Lesbian and gay youth in school in the United States often suffer daily harassment, abuse and violence at the hands of their peers. These students spend most of their time figuring out how to: Get to and from school safely Avoid hallways when other students are present in the attempt to become invisible These same students end up: Dropping out of school Others barley survive The most unfortunate commit suicide

    12. 2005 National School Climate Survey 75.4% of students heard derogatory remarks frequently or often at school. Over a third of students experienced physical harassment at school on the basis of sexual orientation and more than a quarter on the basis of their gender expression. Lesbian, Gay, Bisexual and Transgender students were five times more likely to report having skipped school because of safety concerns than the general population of students.

    13. What is Being Done Only nine states and the District of Columbia have comprehensive anti-bullying laws that specifically address bullying and harassment based on sexual orientation. Only three of these laws mention gender identity. Nine other states have “generic” anti-bullying laws that do not specifically define “bullying” or enumerate categories of protected classes such as sexual orientation or gender identity. The remaining 32 states have no laws at this time.

    14. How Teachers and Administrators can Help Guarantee equality Create a safe environment Provide role models Provide support for students Provide training for faculty and staff Diversify library and media holdings Broaden entertainment programs Do not assume heterosexuality

    15. Resources American Civil Liberties Union (ACLU) Fights to preserve and protect all: First Amendment rights: freedom of speech, association and assembly. Freedom of the press and religion. Right to equal protection under the law: equal treatment regardless of race, sex, religion or national origin. Right to due process: fair treatment by the government whenever the loss of liberty or property is at stake. Right to privacy: freedom from unwarranted government intrusion into personal and private affairs. http://www.aclu.org Gay, Lesbian and Straight Education Network (GLSEN) A national education organization working to ensure safe school for all students, regardless of sexual orientation and gender identity. http://www.glsen.org Gay, Lesbian, and Straight Teachers Network (GLSTN) A national organization that brings together gay and straight educators in order to combat homophobia in their schools as well as to support gay teachers. For information: http://www.glstn.org

    16. Resources (Continued) Parents and Friends of Lesbian and Gays (P-FLAG) P-FLAG offers support to family members of gays and lesbians. http://www.pflag.org/ Public Agenda Founded in 1975, Public Agenda provides unbiased and unparalleled research that bridges the gap between American leaders and what the public really thinks about issues ranging from education to foreign policy to immigration to religion and civility in American life. http://www.publicagenda.org Public School Parent’s Network (PSPN) PSPN is a resource guide and information source for parents. This site has one primary goal, to give parents a sense of empowerment coupled with the necessary information and resources required to become powerful advocates for their children when dealing with administration and teachers within the public school system. http://www.psparents.net

    17. Resources (continued) Public School Law: Teachers’ and Students’ Rights, 4th ed. The text addresses legal principles applicable to practitioners in a manner which avoids the extensive use of legal terms. It blends a detailed treatment of landmark cases with a thorough discussion of the legal context, trends, and generalizations to guide all school personnel in their daily activities. This text would be suitable for administrators, teachers, counselors or anyone in the education field.

    18. Resources (continued) School’s Out: The Impact of Gay and Lesbian Issues on America’s Schools The author profiles 36 gay men in professions that run in range from truck drivers, masons, and firemen to doctors, lawyers, and even Christian bookstore clerks and country music singers. Woog allows each man to “speak” for himself while subtly highlighting both the individuality and the commonality of his subjects' experiences in compassionate, nonjudgmental prose. The result shows a clear representation of the limits of tolerance of gays in the workplace and society at large in contemporary North America. I would recommend this book for administrators, teachers, counselors, mature students and possibly high school libraries.

    19. References Cambron-McCabe, N., McCarthy, M., and Thomas, S. (2004). Public School Law: Teachers’ and Students’ Rights, 4 ed. Pearson Inc. Woog (1995). School’s Out: The Impact of Gay and Lesbian Issues on America’s Schools. Alyson Publishing American Civil Liberties Union (ACLU) http://www.aclu.org Public Agenda http://www.publicagenda.org Gay, Lesbian and Straight Education Network (GLSEN) http://www.glsen.org Public School Parent’s Network (PSPN) http://www.psparents.net Gay, Lesbian, and Straight Teachers Network (GLSTN) http://www.glstn.org

More Related