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Alabama Student’s Pro-Gay Shirt Censored Out Of ‘Concern For Her Safety’

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LetTimmySmoke Donating Member (970 posts) Send PM | Profile | Ignore Wed Aug-31-11 11:04 PM
Original message
Alabama Student’s Pro-Gay Shirt Censored Out Of ‘Concern For Her Safety’
Source: TP

Some are hopeful that the attention brought to LGBT bullying over the past year will make schools safer this year, but Hoover High School in Alabama is not off to a very good start. School officials told 15-year-old Sara Couvillon that she shouldn’t wear her “gay? fine by me” t-shirt because they were “concerned for her safety.” The Southern Poverty Law Center sent a letter today threatening to sue the school on her behalf (PDF):

Indeed, a federal court has already ruled that a school cannot prevent its students from wearing the very expression that you censored. In Gillman v. School Board for Holmes County, Florida, the school board banned students from wearing pro-gay symbols or slogans such as “I support Gays,” “I Support My Gay Friends,” and “Gay? Fine By Me.” In striking down the ban, the court held that the slogans were “not vulgar, lewd, obscene, plainly offensive, or violent, but pure, political, and expresse tolerance, acceptance, fairness, and support” for a marginalized group. The court ruled that by banning such slogans, the school board violated the students’ free speech rights under the First Amendment and discriminated against their viewpoint in violation of the Fourteenth Amendment. In addition to striking down the school’s ban, the court also ordered the school board to pay $325,000 for the students’ legal fees and expenses.

Evidently, officials at your school told Sara that she could not wear the shirt because they were “concerned for her safety.” Yet, Sara did not experience any threats of violence, nor did the officials tell Sara that there were threats of violence against gay students from which disruption could have, or did, result. In fact, Sara had routinely worn the t-shirt during the previous school year without incident. Therefore, the officials’ stated reason for the censorship was unfounded and unsubstantiated.

It’s disappointing that the school would choose to avoid “controversy” over taking the proper measures to protect students like Couvillon from bullying. Her shirt serves to fight anti-gay stigma and affirm her classmates, but her school would deprive her of the opportunity to stand up for them. The 2009 GLSEN study of school climates found that having LGBT-supportive staff helps students not only feel safer, but also perform better academically. Hopefully, SPLC’s threat is a wake-up call for Hoover High to create a more welcoming environment for its students.

Read more: http://thinkprogress.org/lgbt/2011/08/31/309363/alabama-students-pro-gay-shirt-censored-out-of-concern-for-her-safety/



The funny thing is, the shirt she is wearing is the exact same shirt that was sold to almost every teacher and most students at the school I taught at last year.


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provis99 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-31-11 11:15 PM
Response to Original message
1. so,
can Alabama schools also ban black students for being black, out of concern for their safety from racists?
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melm00se Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-01-11 08:18 AM
Response to Reply #1
6. Find a better argument
one can control what one wears but one cannot control the color of one's skin.

If the school is couching this as a safety issue, they may be able to fight off a 1st amendment challenge.

OTOH, the courts might find that this is a true free speech issue as covered by the Tinker decision and kick the hell out of the school.
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Occulus Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-01-11 08:29 AM
Response to Reply #6
7. The very same shirt was referenced in a prior case
There's no "safety" argument to be made.
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melm00se Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-02-11 09:33 AM
Response to Reply #7
16. I'd be interested
in reading the decision, you wouldn't happen to know the name of the case?
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provis99 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-01-11 06:34 PM
Response to Reply #6
15. Alabama has in fact used the safety issue to fight desegregation.
Edited on Thu Sep-01-11 06:34 PM by provis99
One of the arguments against desegregation in the 1970's was that faculty couldn't protect black students from attacks by racists, so they should be excluded from school as a "safety measure".
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No Elephants Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-31-11 11:21 PM
Response to Original message
2. Alabama. Sara is indeed a brave teen. Will the ugliness ever end?
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BrightSideOfLife Donating Member (70 posts) Send PM | Profile | Ignore Wed Aug-31-11 11:53 PM
Response to Original message
3. it's the victim's fault, right?
right?
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Posteritatis Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-01-11 03:59 AM
Response to Original message
4. At least it's a different excuse from the standard "OMG disruptive!" carte blanche
Here's to a really unambiguous lawsuit, at least, considering the stack of free speech precedent for this sort of thing at all court levels.
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trof Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-01-11 06:55 AM
Response to Original message
5. Hoover High School has 'reversed' that decision:
HOOVER, Alabama -- The Southern Poverty Law Center this evening praised Hoover High School officials for reversing a decision to ban a 15-year-old girl from wearing a T-shirt expressing acceptance of the homosexual lifestyle.
The Montgomery-based organization this morning sent a letter to Hoover school officials, warning it would file a federal lawsuit if the ban against the shirt were not lifted by Sept. 12.
"We are incredibly happy that the officials at Hoover High School acted so quickly to restore the rights of this brave student," said Sam Wolfe, staff attorney for the Southern Poverty Law Center. "However, while the outcome is a good one, it is unfortunate that this fundamental right was denied in the first place."
http://blog.al.com/spotnews/2011/08/southern_poverty_law_center_pr.html
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DirkGently Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-01-11 09:15 AM
Response to Original message
8. Wow. Classic "heckler' veto" logic. And it sounds like the only heckler is the school.
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closeupready Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-01-11 09:40 AM
Response to Original message
9. She sound like a wonderful, sweet, well-raised girl.
:applause: to you, Sara Couvillon!
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SoapBox Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-01-11 09:43 AM
Response to Original message
10. So Alabama takes it's place alongside AZ, FL, etc. as a State of Hate.
...amazing how humanity can be so full of rage and anger.

You GO Girl!!
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PavePusher Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-01-11 10:21 AM
Response to Original message
11. Also seems to be an admittance that the school can not/will not protect her...
from harm.

Imagine that, a government body that can not/will not protect the people it is supposed to...

Hmmm.....
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Odin2005 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-01-11 12:17 PM
Response to Original message
12. Alabama is the most backward shithole state in the country.
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alp227 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-01-11 01:46 PM
Response to Original message
13. this kind of safety defense is the same in that california HS in Cinco de Mayo 2010
where 5 boys who wore shirts with American flag decor were sent home to change out of fears they'd spark racial hostility and threaten school safety. (It was at Live Oak HS, Morgan Hill.)
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brooklynite Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-01-11 03:02 PM
Response to Original message
14. UPDATE - Issue resolved
Updated statement from Hoover - 3:24 p.m.

“At Hoover High School, we have a tradition and practice of respecting the rights of students to exercise all of their constitutional entitlements.

We are fortunate to have a diversified student body and we work very diligently to encourage a culture of tolerance and understanding.

In the tradition of the United States Supreme Court case, Tinker v. Des Moines, students at Hoover High School exercise their First Amendment rights without restriction unless such expression disrupts the learning environment or disabuses the rights of others.

Our dress code at Hoover High School is designed to facilitate the learning environment that is so important to our school. The t-shirt at issue has not caused a substantial disruption and the student will be allowed to wear it.

Our focus has been and will be on the learning environment at Hoover High School.”

-Don Hulin, Principal

Hoover High School


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