FIRST AMENDMENT? WHAT FIRST AMENDMENT?
‘We Don’t Promote That Here’: Kentucky School Administrators Force Students to Remove LGBTQ-Pride Tee Shirts
Student Says Principal Outed Several LGBTQ Students to Their Parents
Administrators at a Kentucky high school reportedly forced several students to remove LGBTQ-affirming tee shirts,. The students say they were told “we don’t promote that here,” referring to being LGBTQ, and that the shirts were a “disruption.”
Administrators at Martin County High School reportedly claimed the tee shirts violate the school’s dress code, which says: “Clothing must be appropriate for school and must not interfere with the educational process.”
The tee shirts said “Queen Queer” and “Lady Lesbian,” according to Yahoo News.
The school administrators might have violated the students’ free speech, based on other similar cases (below).
The students are accusing the administration of refusing to allow a Gay-Straight Alliance (GSA), suggesting that words like “lesbian” or “queer” when used in a positive manner are “disruptive” and could put students in danger, and saying that school is not a place they can or should be open about who they are – while allowing students to flaunt their support of the Confederate flag or President Trump.
“The administrators stated to us that [students] were forced to change because [administrators] were ‘worried for the dangers of the students, and did not want to hear of any students coming back saying they were being bullied,” one of the students told Yahoo News. They added that the administrators said “That school was not a place for children to express their sexual orientation.”
Rather than working to protect free speech – an important lesson for all school students – the LGBTQ students were discriminated against, victimized, and might have had their civil rights violated by the school administrators.
“It was basically just [the principal] saying that we don’t need to advertise our orientations on a big billboard because that puts a target on us for bullying,” one of the students, Jessica, added. “She also said we didn’t need a [Gay-Straight Alliance because we already know who our friends are that support us.”
“We want the administration to really treat others equally because we want the ability to express our identities just like the students who wear Trump apparel, religious apparel or the Confederate flag. I know we are in a rural, Christian-Republican community, but we want tolerance. Our shirts aren’t hurting anyone. It’s unfair that because the staff have certain beliefs, they treat students differently and scare them into not speaking out,” Jessica also said. “We just want justice.”
Yahoo News adds that “Jessica even alleged that the principal outed some LGBTQ students to their parents when calling to warn about a possible walkout which never took place.”
The school appears to be ripe for an intervention from civil rights groups.
In 2016 The ACLU sued a Tennessee school district that had banned a student from wearing a tee shirt that said: “Some People Are Gay, Get Over It.” The ACLU won.
In a detailed look at pro-LGBTQ tees cases, including the 2016 Tennessee case, the Southern Poverty Law Center adds: “First and most importantly, a school cannot manufacture its own ‘disruption’ by overreacting to speech.”
The SPLC also offers more examples, including this one:
“In 2008, a Florida judge struck down a Pensacola-area school’s ban on logos including rainbows, pink triangles and the words ‘gay pride’ or ‘GP,’ which students began wearing in defense of a classmate bullied for being a lesbian.”
Here’s a video report from about the Martin County school administrators decision to ban the speech of several LGBTQ students, from WYMT:
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