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Old 06-24-2013, 09:54 AM  
Donger Donger is offline
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Student booted from class for saying ‘I don’t accept gays’ wins federal lawsuit

http://news.yahoo.com/student-booted...123034366.html

A federal district court judge ruled last week that a Michigan high school teacher violated a student’s free speech rights when he kicked the student out of class for voicing disapproval for homosexuality.

The ruling was perhaps a hollow victory for the student, Daniel Glowacki, though, because the judge assessed damages of just a single, solitary dollar.

The incident giving rise to the lawsuit happened in 2010 on national Anti-Bullying Day at Howell High School in Howell, Michigan.

The teacher, Johnson (“Jay”) McDowell got into a heated argument with student Daniel Glowacki in an economics class after Glowacki said he objected to homosexuality because he is Catholic.

Judge Patrick Duggan ruled that the First Amendment protects Glowacki’s speech.

As the judge notes in the first sentence of the opinion, the case is an example of the tension between anti-bullying policies in public schools and the free speech guarantees of the First Amendment.

On October 20, 2010, members of the Gay Straight Alliance had asked students and teachers to wear the color purple to celebrate Anti-Bullying Day at Howell High School in Howell, Michigan.

Some students wore purple. Some also wore clothing emblazoned with rainbow flags and other symbols in support of the Gay Straight Alliance.

McDowell, who wore purple that day, took time out of his sixth-hour economics class to talk to students about bullying and to show students an anti-bullying video.

McDowell also noticed a student wearing a Confederate flag belt buckle. He asked her to remove it.

According to the district court opinion, Daniel testified that he “calmly raised [his] hand” and asked McDowell why one student couldn’t wear a Confederate flag belt but other students and teachers could wear purple shirts and display rainbow flags.

McDowell told the student that there is a “difference in symbolism between the Confederate flag and the rainbow flag.” According to Daniel, the economics teacher explained that the Confederate flag represents “discrimination against blacks.”

Daniel observed that purple shirts discriminated against Catholics and said, “I don’t accept gays.”

McDowell told Daniel he couldn’t say that. Daniel then amended his statement. “I don’t accept gays because I’m Catholic,” he said.

McDowell, who admitted that he was angry by this time, then analogized that saying “I don’t accept gays” is the same as saying “I don’t accept blacks.”

The economics teacher then demanded to know if Daniel accepted gays or not.

When Daniel refused to recant, McDowell booted him “out of class and wrote up a referral for unacceptable behavior.”

Another student then said, “I don’t accept gays either” and asked to leave, which McDowell allowed.

The remaining students then demanded to know “why didn’t they have free speech.” According to the court, the high school economics teacher “explained that a student cannot voice an opinion that creates an uncomfortable learning environment for another student.”

The school district’s subsequent investigation came down squarely in favor of the students. The entire incident was expunged from Glowacki’s file. He was also placed in another economics class at the request of his family.

School district officials strongly reprimanded McDowell (though the teacher’s punishment was later reduced after he filed a grievance).

McDowell “disciplined two students for holding and stating personal beliefs, to which you disagree,” the original reprimand said. “You disciplined them in anger under the guise of harassment and bullying because you opposed their religious belief and were offended by it. The students were causing no disruption to the educational process.”

The reprimand also noted that it was ironic that McDowell punished students for having opinions he could not tolerate on Anti-Bullying Day.

The judge similarly found that McDowell has been “primarily motivated by his disagreement with Daniel’s opinion on homosexuality.”
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Old 06-25-2013, 11:15 AM   #46
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Originally Posted by aturnis View Post
Haven't read. Do we know that the kid didn't spew gay slurs when questioned by others in the discussion about why he was so spiteful towards guys?
There was a discussion about why he was so spiteful toward gays?
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Old 06-25-2013, 08:09 PM   #47
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Originally Posted by aturnis View Post
Haven't read. Do we know that the kid didn't spew gay slurs when questioned by others in the discussion about why he was so spiteful towards guys?
Proof that you should have read it...
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Old 06-25-2013, 08:14 PM   #48
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Originally Posted by Garcia Bronco View Post
Did I just have exceptional teachers? No teacher I ever had would even give you a hint of how they really felt in such a discussion, nor would they persecute you for your opinions.
There are still teachers like this around, fortunately. Or even some of the more highly opinionated teachers that I had would never make a student feel inferior if they had a different opinion.
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Old 06-27-2013, 12:04 AM   #49
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Originally Posted by aturnis View Post
Haven't read. Do we know that the kid didn't spew gay slurs when questioned by others in the discussion about why he was so spiteful towards guys?
He wasn't spiteful to gays. He doesn't accept homosexuality.
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Old 06-27-2013, 05:42 AM   #50
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Originally Posted by listopencil View Post
He wasn't spiteful to gays. He doesn't accept homosexuality.
Remember when it was all about tolerance?

Now it's acceptance.

Pretty soon it will be "If you don't make out with a guy, you hate gays."

I once had a guy tell me I was a homophobe because I said I'd rather get massaged by a woman than a man. He was very insulted for no reason.
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Old 06-27-2013, 01:46 PM   #51
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Quote:
Originally Posted by WhiteWhale View Post
Remember when it was all about tolerance?

Now it's acceptance.

Pretty soon it will be "If you don't make out with a guy, you hate gays."

I once had a guy tell me I was a homophobe because I said I'd rather get massaged by a woman than a man. He was very insulted for no reason.
I had a girl think I was homophobic because I would only do a three-way with her if it was with a second girl. Meh. I don't think you have to accept other people's behavior, just live and let live.
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Old 06-27-2013, 10:20 PM   #52
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Imagine that. Gays are usually the ones shouting for tolerance and open minds as long as it agrees with their opinion
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Old 06-29-2013, 09:07 PM   #53
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Originally Posted by ForeverChiefs58 View Post
Imagine that. Gays are usually the ones shouting for tolerance and open minds as long as it agrees with their opinion
Eventually any opposition to gays will be met with criminal charges.
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Old 06-29-2013, 09:40 PM   #54
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Originally Posted by Prison Bitch View Post
Eventually any opposition to gays will be met with criminal charges.
Yeah, probably. Not being gay will probably be illegal too.
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Old 06-30-2013, 11:00 AM   #55
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Yeah, probably. Not being gay will probably be illegal too.
Liberals will call it a "war on gays".


It's coming, I'm sure of it. The next war. In addition to all the other wars.
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Old 06-30-2013, 07:30 PM   #56
cosmo20002 cosmo20002 is offline
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Originally Posted by Prison Bitch View Post
Liberals will call it a "war on gays".


It's coming, I'm sure of it. The next war. In addition to all the other wars.
That war is already going on, although it is nearing an end. You've lost all the major battles.
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