Education Week - January 15, 2020 - 11

LGBT Teachers
Await High
Court Decision
licly without fear of repercussion.
After all, 32 percent of non-LGBT Americans
said they would be "very" or "somewhat" uncomfortable if their child had an LGBT teacher,
according to a 2018 survey by GLAAD and
the Harris Poll. That percentage has ticked up
slightly over the past few years-in 2016, 28 percent of Americans expressed discomfort with
that scenario.
"You certainly see tremendous pressure on
LGBTQ teachers to remain closeted for fear of
losing their jobs," said Eliza Byard, the executive director of GLSEN, formerly the Gay, Lesbian, and Straight Education Network. "Everyone knows what a huge impact it has on people
to have to hide some aspect of who they are in
their day-to-day lives. ... When people are free
to be themselves, ... they do better work, and
this is true for teachers."

Parker Michels-Boyce for Education Week

CONTINUED FROM PAGE 1

Josh Thompson, an English teacher at
Blacksburg High School in Virginia, says he
feels comfortable being out at his school.

A History of Discrimination
Throughout much of the 20th century, LGBT
teachers in most places across the country
would have been fired if they were found out,
said Karen Graves, a professor and the chair of
educational studies at Denison University in
Granville, Ohio.
In Florida, the state legislature established an
investigation committee that tried, from 1957
to 1965, to weed out gay and lesbian teachers
and professors from public schools and universities. Nearly 200 educators lost their jobs,
said Graves, who wrote about the investigation
in the book And They Were Wonderful Teachers:
Florida's Purge of Gay and Lesbian Teachers.
Sometimes, investigators from the committee pulled teachers directly out of the classroom
and interrogated them, Graves said. The state
teachers' union supported the investigations,
which it considered a way to safeguard the profession.
"For gay teachers in the 1950s and 1960s,
there was no recourse," Graves said. "No one
as a group would stand up and protect them."
In the 1970s, cities began passing anti-discrimination laws. But opponents to those laws
tended to attack gay teachers in their campaigns, saying that protecting them would endanger children.
In fact, in 1978, California state Sen. John
Briggs sponsored a ballot referendum that tried
to ban lesbian and gay people from working in
the state's public schools. The bill would have
also allowed the dismissal of teachers who supported LGBT rights, regardless of their own
sexual orientation.
"What I am after is to remove those homosexual teachers who through word, thought, or
deed want to be a public homosexual, to entice
young impressionable children into their lifestyle," Briggs said in an interview during the
campaign.
California voters struck the referendum
down, with 58.4 percent voting against it. But
in several other places during this time period,
including Miami and St. Paul, Minn., voters
rejected ordinances that would have protected
gay and lesbian workers from discrimination,
with teachers at the forefront of the debate.
In Oklahoma, a state law enacted in 1978 authorized schools to fire teachers who engaged
in "public homosexual activity," as well as
teachers who advocated for LGBT rights. The
National Gay Task Force challenged the law,

and the federal appellate court struck down the
part of the statute that prohibited advocating for
LGBT conduct, saying that it infringed on free
speech rights. It upheld the part of the statute
that prohibited public homosexual activity. The
case then made it to the Supreme Court, which
in 1985 affirmed the appellate court's decision
in a 4-4 tie.
That same year, the Supreme Court declined
to review a federal appeals court's decision
permitting an Ohio school district to dismiss a
bisexual high school guidance counselor. The
court had ruled that the district did not violate
the constitutional rights of the counselor, Marjorie H. Rowland.
In a dissent, Justice William J. Brennan Jr.,
joined by Justice Thurgood Marshall, argued
that the court should have accepted the case for
review, since it presents issues that "continue to
puzzle lower courts."
The case "starkly presents issues of individual
constitutional rights that have ... swirled nationwide for many years," Brennan wrote. "Discrimination against homosexuals or bisexuals
based solely on their sexual preference raises
significant constitutional questions."

A 'Really Close' Case
Now, the Supreme Court justices are deliberating over three cases that ask whether Title
VII of the Civil Rights Act of 1964 prohibits
discrimination against LGBT employees. The
law bans discrimination "because of ... sex,"
and the argument at stake is whether the term
"sex" encompasses sexual orientation and gender identity.
These cases-R.G & G.R. Harris Funeral
Homes Inc. v. Equal Employment Opportunity
Commission, which covers rights for transgender employees, and Bostock v. Clayton County,
Ga., and Altitude Express Inc. v. Zarda, which
address the question of sexual orientation-are
the first major LGBT issues to be taken up by
the court since the addition of President Donald
Trump's nominees, Justices Neil Gorsuch and
Brett Kavanaugh.
While Kavanaugh was nearly silent during
the oral arguments in October and didn't tip
his hand, Gorsuch, an avowed textualist who
believes the words of the law should speak for
themselves regardless of lawmakers' original
intent, seemed conflicted in his questioning,
saying that this case was "really close."

Last summer, the National Education Association, the American Federation of Teachers,
the National School Boards Association, and
AASA, the School Superintendents Association
all filed an amicus brief to the Supreme Court in
support of LGBT school employees.
These groups are "united in seeking to ensure
that the educational mission of our schools is
fulfilled," the brief says. "That result is best
achieved when employment decisions for teachers and school staff focus on merit-their ability to educate children-rather than irrelevant
characteristics."

Afraid to Come Out
In the past couple years, multiple LGBT
teachers have said they were pushed out of the
classroom, with some filing lawsuits against
their districts. For example, a lesbian elementary art teacher in Texas was suspended in 2017
after she told her students about her wife. In a
statement, the Mansfield Independent school
district said conversations about sexual orientation are not age-appropriate for elementary
students, and "parents have the right to control
the conversation with their children."
The teacher, Stacy Bailey, has filed a federal
discrimination lawsuit against the district. The
district has since moved Bailey to a high school
and renewed her contract, but the lawsuit is still
pending. Bailey's lawyer told the Fort Worth StarTelegram that he believes the district moved her
to a different grade level, with a greater workload, in order to frustrate her into resigning.
When Victoria Thompson taught middle
school math and science in South Carolina, an
employment-at-will state with no employment
protections for LGBT workers, she was reluctant
to come out. While she didn't think her administrators would fire her for being gay, she was
worried about parents' reactions. And she knew
that as long as she stayed in South Carolina, she
would never have job security.
"If I wanted to move to a different school, I
never knew what the administration was going
to be like, I never knew what the culture and climate was going to be like," she said.
Thompson moved to Tacoma, Wash., for her
now-wife's job. There, she is protected by the
state's anti-discrimination law and is publicly
out in her high school math classroom.
"I know that me being gay will never be a reason why I'm dropped," she said. "It's just a very
different environment, and it makes me more
comfortable being myself."
Similarly, Josh Thompson, a high school
English teacher (of no relation to Victoria), first

taught in a rural area of central Virginia, a state
with no employment-discrimination protections for LGBT workers on the books. He felt
like he couldn't talk openly about his identity.
Now, he teaches in Blacksburg, home to
Virginia Tech, and feels comfortable being
out at school. He hangs a pride f lag in his
classroom, has plenty of LGBT books in his
class library, and shares personal details with
his students.
"I will talk about how my gay identity affects
my understanding of the texts and my world
and my place in it," Thompson said. "The very
fact that I as a teacher am talking about [my
identity] also legitimizes it, normalizes it. It's
actually a big deal when you think about it, in
terms of those power dynamics."
Indeed, LGBT educators say that part of the
reason why they want to be out at work is to be
a role model or a supportive adult for LGBT
youth. Thompson said his presence lets LGBT
students know they're not alone, and gives them
a safe place to ask questions or get advice.
Peeples, the 2015 Teacher of the Year, who
is no longer teaching, said one of her greatest
professional regrets is not coming out to her students. But she says she was scared of losing her
job and being unable to support her children.
In 2018, when she was a teaching fellow at Harvard University, she identified herself as a lesbian for the first time in a classroom.
Then, one gay student told her, "When you're
trying to determine how out to be yourself or if
this is going to be a hopeful thing for you, you
look to the adults you interact with the most
when you're a kid, and that's teachers," Peeples
recounted. "When you see them being out and
proud, ... they show you the possible worlds
that you can inhabit, and that you'll be OK, and
you'll be happy and well-adjusted."
Conversely, "there's something pretty crushing for an LGBTQ student when they see an
adult who might be a role model acting out of
fear, hiding who they are," GLSEN's Byard said.
Now, LGBT teachers are waiting to see
whether the Supreme Court justices will rule in
their favor. Advocates say it's critical: A federal
bill for nationwide non-discrimination protections passed the U.S. House of Representatives
last year, but has stalled in the U.S. Senate.
"It [would be] powerful protection, but
it's also like, ... 'Can we please stop talking about
this now?'" Josh Thompson said. "The fact that
my humanity and the humanity of many other
Americans is still up for debate is pretty awful."
Librarian Holly Peele contributed research to this
article.

EDUCATION WEEK | January 15, 2020 | www.edweek.org | 11


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Education Week - January 15, 2020

Table of Contents for the Digital Edition of Education Week - January 15, 2020

Education Week - January 15, 2020
Data May Help Slow the Turnover of Principals
Federal Aid to Spec. Ed. a Sore Spot
LGBT Teachers Await Protections
Seeking Gifted Students In Untapped Places
Briefly Stated
Deep Roots in Fight Over Religious-School Funding
‘At-Promise:’ Can a New Term Change A Student’s Trajectory?
What the Research Says
Q&A: Troubleshooting Tech Realities In Rural Schools
Is GreatSchools.org Making Segregation Worse?
Democratic Candidates’ K-12 Spending Priorities: Big Numbers, Heavy Lift
When Picking Up My Phone Replaced Picking Up a Journal
How I Curate My News And Research Diet
How to Tell the Scholarship From the Muck
Letters to the Editor
EdWeek Top School Jobs
Navigating a Surging Information River
Education Week - January 15, 2020 - Seeking Gifted Students In Untapped Places
Education Week - January 15, 2020 - 2
Education Week - January 15, 2020 - Briefly Stated
Education Week - January 15, 2020 - 4
Education Week - January 15, 2020 - Deep Roots in Fight Over Religious-School Funding
Education Week - January 15, 2020 - What the Research Says
Education Week - January 15, 2020 - Q&A: Troubleshooting Tech Realities In Rural Schools
Education Week - January 15, 2020 - Is GreatSchools.org Making Segregation Worse?
Education Week - January 15, 2020 - 9
Education Week - January 15, 2020 - Democratic Candidates’ K-12 Spending Priorities: Big Numbers, Heavy Lift
Education Week - January 15, 2020 - 11
Education Week - January 15, 2020 - 12
Education Week - January 15, 2020 - 13
Education Week - January 15, 2020 - When Picking Up My Phone Replaced Picking Up a Journal
Education Week - January 15, 2020 - How I Curate My News And Research Diet
Education Week - January 15, 2020 - How to Tell the Scholarship From the Muck
Education Week - January 15, 2020 - Letters to the Editor
Education Week - January 15, 2020 - EdWeek Top School Jobs
Education Week - January 15, 2020 - 19
Education Week - January 15, 2020 - Navigating a Surging Information River
Education Week - January 15, 2020 - CW1
Education Week - January 15, 2020 - CW2
Education Week - January 15, 2020 - CW3
Education Week - January 15, 2020 - CW4
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