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The Gay Selma: Schools Ignore Gay Bullying at Their Own Peril 

Wednesday, May 30 2012
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Yet social media has also been an invaluable tool for the anti-bullying movement. After Dan Savage posted the first "It Gets Better" video, he received 200 submissions in one week. Now the campaign counts 50,000 contributions, including videos from Adam Lambert and the LA Dodgers.

"I just spoke at a high school journalism conference in Seattle," says Savage. "There were thousands of high school journalists, and half a dozen kids approached me and burst into tears because of the difference 'It Gets Better' has made in their lives."


When schools tell students they can't have a same-sex prom date or wear a "Jesus Is Not a Homophobe" T-shirt, advocacy firms like the ACLU, Lambda Legal, and GLAAD come to their aid. They now also have a powerful ally in the White House.

"Once Obama took office, people started really running," says Deborah Temkin, the Department of Education's research and policy coordinator for Bullying Prevention Initiatives. "We are engaged with nine other federal agencies, and I believe at last count it was 32 offices within those nine agencies all working on this issue, which is unprecedented. We came together without a congressional mandate."

Despite howls of outrage from Republicans, GLSEN founder Kevin Jennings was appointed to the Office of Safe and Drug-Free Schools in 2009. The Matthew Shepard Act became law, making assault based on sexual orientation a federal hate crime.

Secretary of Education Arne Duncan recently sent what's known colloquially as a "Dear Colleague" letter to every school in the country declaring this administration would consider discrimination against LGBT students a potential violation of Title IX.

"We're seeing a much more active role by this administration," says Alison Gill, public policy manager at GLSEN. "It's started to create this tipping point."

Two days after the "Dear Colleague" letter, the Department of Justice received a complaint from Wendy Walsh. She wrote that her son was harassed from the day he came out in sixth grade until the day he hanged himself. Federal investigators took the case.

"Despite having notice of the harassment, the district did not adequately investigate or otherwise respond to it," the Office of Civil Rights concluded. "Based on the evidence gathered in the investigation, the departments concluded that the school district violated Title IX and Title IV."

New York Civil Liberties Union attorney Corey Stoughton reports that the DOJ was eager to help when she sued on behalf of Jacob Lasher, a gay student in the Mohawk school district of upstate New York who dropped out over violent threats from other students and harassment by teachers.

"They called us. They told us they'd been looking for a case to establish this Department of Justice's approach," she says of the DOJ. "The Bush administration never would have done this."

But no school district received as much national attention as Anoka-Hennepin in Minnesota. The district experienced nine student suicides in two years, many of them directly related to LGBT bullying. A district policy mandating that teachers remain "neutral" on topics of sexual orientation left the adults standing on the sidelines.

Six student plaintiffs told of being stabbed with pencils and urinated on in restrooms. The media frenzy culminated with a Rolling Stone article that caught the attention of celebrities including Aziz Ansari and Howard Stern.

"It was the first time anyone had taken any interest in what was actually going on," says Rebecca Rooker, whose son Kyle used to plead to come home from his Anoka-Hennepin school. "We got basically everything we asked for."

Years of denial finally ended when the district tossed out its "no homo promo" policy and agreed to five years of DOJ monitoring as well as a raft of anti-harassment precautions.

"This is a groundbreaking, historic agreement that will be used as a model across the country to deal with these issues," says attorney Zachary Stephenson, who helped represent the students.


One of the conditions of the settlement is that Anoka-Hennepin is required to hire several consultants on sex discrimination and mental health. In the running for one of those positions is Jamie Nabozny, who has firsthand experience. Growing up in small-town Wisconsin, he was shoved into lockers, urinated on, and beaten so badly in a hallway that he had to have stomach surgery.

In 1996, Nabozny sued the school's administrators. His bully took the stand and testified that their principal knew about the violent abuse. The jury found that Nabozny deserved equal protection based on sexual orientation under the U.S. Constitution and awarded him almost $1 million.

"That hadn't been done before," says Hayley Gorenberg, deputy legal director at Lambda Legal, the firm that represented Nabozny. "And still we're lacking a federal law that is specific on protection for students on the basis of sexual orientation."

Nabozny realized how little had changed since his experience and started speaking in schools two years ago. He's since received apologies from former classmates and even the children of his bullies.

"A lot of people in the country don't care if gay people have the right to marry — they didn't think too much about LGBT rights," Nabozny says. "Then people saw kids were killing themselves and said, 'Wait a minute, this isn't okay.'"

On a recent evening, Nabozny looked skeptically at his reflection in a multifaceted mirror. He was dressed in a sleek black tuxedo jacket.

"Can't we just wear suits?" he begged.

"No," answered Bo Shafer, the man standing next to him in a coordinating ivory tuxedo jacket.

In September, Nabozny and Shafer will marry in front of 150 guests, despite the fact that the nuptials will not be legally binding.

"We still have people who are very intolerant out there — they're fighting our right to be with who we want to be with, and love who we want to love," Nabozny explains. "The marriage debate is much more heated and controversial. Protecting kids in school is not."

About The Author

Jessica Lussenhop

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