Gay T-Shirts? Fine by Us
Making Schools Safe, One Bathroom at a Time
Student Wins Right to Be Openly Gay

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Gay T-shirts? Fine by Us!

About 15 students at a public high school in Alabama had for some time been wearing t-shirts that bear the simple slogan, “Gay? Fine by me.” The shirts come from a diversity program started by students at Duke University. Then one day the principal decided that the shirts might offend somebody, and began pulling students aside to tell them that they could no longer wear the t-shirts at school.

T-shirts from Gay? Fine by Me!

The principal never made any formal announcement about the ban or put anything in writing. After having many meetings with the principal and other teachers and administrators and attempting to persuade them to change the ban, Amy (not her real name), one of the censored students, got in touch with the ACLU in December of 2004. The ACLU Lesbian and Gay Rights Project and the ACLU of Alabama worked together to send a letter to the principal explaining how his actions violated the students’ Constitutional right to free expression. Later, an ACLU attorney met with the principal, Amy, her parents, and the head of the counseling department. The principal quickly agreed to let the students resume wearing the shirts and tell school staff that the ban had been lifted.

Although the ACLU often publicizes its involvement in matters like this, we decided to handle Amy’s case quietly because she feared that raising the issue in the media spotlight would only inflame tensions locally and make it harder for her principal to do the right thing. We examine each situation on a case-by-case basis, ask students we work with how comfortable they would be with taking a more public role, and work together with students to decide whether to handle their matter publicly or quietly.

“It’s our duty as Americans to defend ourselves and those who are unable to defend themselves. The experience of working with the ACLU and my administrators has been a remarkable one,” Amy said, adding that the experience reminded her of one of her favorite quotes, from William O. Douglas: “Restriction on free thought and free speech is the most dangerous of all subversions.”

Making Schools Safe, One Bathroom at a Time

Daniella M., a male-to-female transgendered student from New York, used to have no problems with the bathrooms at her school – because she only lived a couple of blocks away. Although she’d begun dressing as a girl in her sophomore year, she’d avoided the bathroom question for almost four years by making a quick run home when necessary. But when Daniella’s family moved further away from the school a few months into her senior year, she no longer had that option.

Daniella asked her assistant principal if she could simply use the girls’ restroom, but he refused, saying that she had to use the boys’ restrooms and that if she wanted they could have a school security guard wait outside the restroom while she was inside. This was a scary proposition for Daniella – who would protect her from harassment inside the bathroom? What if there wasn’t a security guard to be found when she needed to go?

A few times, she tried sneaking into the girls’ restroom. “None of the other girls had a problem with me being there, and there are stalls anyway so it’s pretty private,” she said. “Most of the girls at my school treat me like any other girl.” Then one day she was spotted leaving the girls’ restroom by the school’s head of security, who told her that she would be suspended if she used the girls’ restroom again.

After that, Daniella was allowed a few times to use the private staff bathroom by a sympathetic teacher, but that got back to the head of security, who told her that she had to use the boys’ restroom and again threatened her with suspension. “I realize this is a complicated issue, since I’m not biologically a girl,” she said, “But I’m definitely not a boy either, and all I want is to have a restroom I can use without being called names or threatened.”

Daniella turned to Gays and Lesbians of Bushwick Empowered (GLOBE) for help, and they suggested she contact the ACLU's Lesbian and Gay Rights Project. One of our staff attorneys put in a call to the school district's attorney, who agreed that Daniella shouldn't be forced to use the boys' restroom and worked out a compromise. Daniella has been granted access to a private restroom at her school where she won't be disturbed. "I feel much safer now," she said. The school district has agreed to work with us to quickly resolve any similar situations if they come up again in the future.

Student Wins Right to Be Openly Gay and Treated Fairly in School

“No more students should have to go through what I did," he added.

Thomas suffered hostile and intimidating actions by school district officials, who “outed” him to his parents without his permission, made him read from the Bible, and disciplined him for talking about his sexual orientation and for talking about his punishment. The court concluded that the school administrators violated McLaughlin’s rights to free speech, equal protection, privacy, and religious liberty.

Under the ruling, McLaughlin’s disciplinary record is expunged and the following policies adopted:

• School officials will not disclose any student’s sexual orientation to others
• School officials will not punish students for talking during non-instructional time about their sexual orientation
• School officials will not punish students for talking during non-instructional time about discipline they receive
• School officials will not discriminate against students on the basis of their sexual orientation in disciplinary matters
• School officials will not preach to students (including forced reading of the Bible)

“This young man’s story has really touched a nerve – we’ve received a tremendous outpouring of outrage over Jacksonville Junior High School’s behavior and supportive messages for Thomas from all over the world,” said Rita Sklar, Executive Director of the ACLU of Arkansas. “We’re pleased this school has seen the error of its ways and hope schools everywhere will learn from this example. Public schools aren’t above the Constitution, and they can’t get away with silencing gay students and violating their rights.”

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