Aug 21st, 2009
Posted by Elizabeth Esser-Stuart, LGBT Project at 4:41pm	Free Speech, LGBT Rights

School Censorship, Justice and LGBT Rights

When I was in the 10th grade at the Alabama School of Fine Arts, a public high school in Birmingham, the administration banned a t-shirt with the words, “Gay? Fine by Me.” I was shocked that this was happening at my school, an institution with a seemingly liberal and open arts culture. I knew this threatened the use of free speech and dialogue in art, culture and the classroom, and that something had to be done.

I researched free speech rights, students’ rights, and non-discrimination laws. Despite an overwhelming body of similar cases and the First Amendment supporting me, the administration didn’t budge. After months of meetings, I called the ACLU and explained my problem. After the ACLU wrote the administration of my school, they immediately reversed the policy, suddenly realizing they lacked legal authority to censor students.

The significance in the story above is a deep understanding of justice from small censorship cases to more destructive discriminatory laws, such as adoption bans and the Defense of Marriage Act (DOMA). This summer, as an intern at the American Civil Liberties Union LGBT and AIDS Project, I’ve reviewed cases that challenge same-sex adoption bans and proofread court briefs. These tasks show the broad spectrum of experiences where rights have been taken away or never existed. My conversations with lawyers and activists were the best part of the experience, because they introduced me to how the law could protect and save people from discrimination and ensure liberties.

Massachusetts legalized same sex marriage my freshman year of high school and since then state laws have begun to slowly change After five years, 15 states and the District of Columbia recognize same sex relationships in a variety of ways; leaving 35 states with no recognition. Further, 29 states restrict marriage to a man and woman, and many have laws that threaten to not honor same-sex relationships in any way.

My experience at the ACLU highlighted how important justice was. After completing this opportunity, I will continue to explore concepts of justice, crime and punishment to inform my personal legal philosophy. As an undergraduate, I’ve studied international law, legal philosophy and economics, and hope to attend law school in the future to work for a more equal society.

As I spent my summer interning at the LGBT and AIDS Project, I am reminded of why I felt so angered in high school. Whether I am proofreading a brief, researching legal precedent or studying cases, I am assisting the work of a cause much larger than myself. I am increasingly aware of the discriminatory laws — Proposition 8, DOMA — and the marginalizing of transgender individuals and people with HIV. During the above experience in high school, my peers and I were personally discriminated against and marginalized. Now that I am more informed, I am working for a cause larger than myself and giving back to the same community that helped me in the past.

Just in time for the new school year, the ACLU has released a new letter to principals and educators about LGBT-related censorship. If you find yourself in a similar situation to Elizabeth, download and print the letter and give it to your school. If they still want to censor you, contact us!

Permalink |	Free Speech, LGBT Rights

1. Joe Marquez Says:
   Aug 22nd, 2009 at 7:40am

   Funny, it seems the story I just saw on the news (the REAL news) showed where the ACLU fought against a girl's free speech at her high school graduation ceremony on grounds of what she MIGHT say. Talk about the thought police. There may be a place for the ACLU, but it's usually on the WRONG side of issues that are important to Americans. So, LGBT is okay, but being Christian (which is all this girl was guilty of) is not? Yep, they're on the wrong side again.

2. Eric Says:
   Aug 22nd, 2009 at 8:22am

   You have alot of nerve to have an American Constitution Link on your home page when everything you do is totally opposite of what it stands for. You are all a bunch of right wing quacks and I wish all of you would get a life and quit medling in mine.

3. William Toodle Says:
   Aug 22nd, 2009 at 7:48pm

   speaking of Educational racism ponder this my educational loan is being split into two part and held for classes i haven't enrolled in yet which is a violation under the federal family education loan program Borrower's right and responsibilites statement. Which states if the loan amount exceeds the amount owed to the school, my school will forward the remainder of my loan money to me, unless i authorize the school to hold the remainder as a credit.I never authorize such a thing. The phoenix police department is behinde this for what i reported in early blogs. the same thing happen last year and i sent emails to my lawyer and he knews this would happen again. they don't know but there accreditation will soon by compromised for racial discrimination. Not just the finanical aid office i sent emails to the dean all upper adminisration seeking help. What did they do? block my emails from being sent to them. then somehow my check was released dispite what i was being told by financial aid they lied till the end. as for me i went on to have one of my most successful year ending with a 3.0 GPA. this is why it's so important to help stop racism in our schools and other places, and hold these people accountable for there actions. They pat you on the back wish you well and when you turn and walk away they do everything in the power to keep you from achieving your goals. special thanks to that person who sent the letter i got it. thank you for your support. If we want America to truly be a land of freedom, equal rights stop picking battels your willing to fight and stand up against all wrong doing remember thing change when people band together and speak loudly against certain things use the media the way they use us, make them earn their money, and report crimes that are worthy of news like whats going on hear in Phoenix Arizona i tell you it's a dam shame from the outhouse to the courthouse it's troubling. and to the President i would never vote for you again so soon have you forgotten the people voted you in and they are the last on the pole to get help, you talk a good game, but you have shown very little. it's not always good to start for the top sometime you have to attack from the bottom up, like crooket Judges Police school officals these are the thing that matter to people who stand in line 5hrs waiting to vote for you. dont for get where you come from, and how some people still look at you make a real difference while you can ....... Peace William

4. Paen Says:
   Aug 24th, 2009 at 3:25pm

   It's good to see young people who have the guts to stand up for whats right even though they will be targets of the worse kind of bigotry.

5. roald Says:
   Sep 2nd, 2009 at 2:36pm

   Eric, don't you mean "left-wing quacks"?

   I, for one, am glad the ACLU is interfering with your life when your lifer includes pushing your religious views on me.

6. Christian American Patriot Says:
   Oct 9th, 2009 at 4:58pm

   Look! Freedom of speech has to go both ways left and right. The Constitution gave us that right whether we like to hear what they say or not but they have to have equal time but it seems that the ones who want the equality are the same ones who want to take it away from others....just like the ACLU. Go figure.