WASHINGTON, DC – JUNE 15: Joseph Fons holds a pride flag in front of the U.S. Supreme Court building after the ruling that LGBTQ people cannot be disciplined or fired based on sexual orientation. Washington, DC, June 15, 2020. With Chief Justice John Roberts and Justice Neil Gorsuch joining the Democratic appointees, the Supreme Court ruled 6-3 that the Civil Rights Act of 1964 prohibits bias based on sexual orientation or gender identity. Fons wears a Black Lives Matter mask that reads “I can’t breathe” as a precaution against COVID-19. Photo: Chip Somodevilla/Getty Images
In an unusual move, the U.S. Department of Justice and the attorneys general of 16 states and the District of Columbia have filed two amicus briefs in support of a Georgia teacher who was fired by his public school for reading LGBTQ+-themed books in the classroom.
“The involvement of the Department of Justice and the states reflects the significant implications this case has for the future of public education across the nation,” said Michael J. Tafelski, interim deputy legal director of the Southern Poverty Law Center.d LGBTQ Nation. “All students have a right to the freedom to learn in a school where their identity is recognized, and it’s clear that the Department of Justice and states across the nation agree.”
Related:
This incident Linderle v. Cobb County School District.The lawsuit was filed in February after fifth-grade teacher Katherine Linderle was fired by the Cobb County School District after reading the book. My shadow is purple It will be sent to Due West Elementary School classes in March 2023. The book, which was featured at the school’s Scholastics Book Fair, is about a child who seeks acceptance for their gender non-conforming self.
Lindalee is suing under Title IX, a law that prohibits discrimination on the basis of sex in education. The Biden administration has interpreted the law to include a ban on anti-LGBTQ+ education because it is not possible to discriminate against LGBTQ+ people without considering their gender. The lawsuit, which also includes teachers and students as plaintiffs, argues that Lindalee’s firing demonstrates a hostile environment rife with sex-based discrimination against people who do not conform to their gender.
Stay connected to your community
Subscribe to our newsletter to stay informed about issues and events affecting your local and community.
Department of Justice Easy The U.S. said it “takes no position on the merits of plaintiffs’ Title IX claims or the accuracy of the allegations supporting those claims,” and instead wants the court to consider the impact that school policies have on students.
The Justice Department argues that the U.S. District Court for the Northern District of Georgia, Atlanta Division, which has jurisdiction over the case, must evaluate the merits of the allegations based on the totality of the evidence, with particular emphasis on school policies. The Department further noted that its interest in the case is that teachers “often have unique and direct knowledge of the discrimination students experience at school” and therefore should be able to speak out without retaliation.
The district argued that it was interpreting its “divisive concepts” policy to ban LGBTQ+ content in the classroom. In an email from a parent who complained about the read-aloud, the parent wrote that “anything that falls into the ‘LGBTQ’ or ‘queer’ genre” was divisive. The principal forwarded the email to the district’s central office, and Linderle was suspended a few days later and fired a few months later.
The defense argues that Title IX does not apply because this is an LGBTQ+ discrimination case. In response, the Department of Justice cites decisions from the Department of Education, the Supreme Court, and three Circuit Courts of Appeals to support the validity of citing Title IX for LGBTQ+ non-discrimination policies.
Additionally, the lawsuit cites allegations of anti-LGBTQ+ bullying and harassment within the school district, which the Department of Justice believes was enabled by school policies.
The brief concluded, “Thus, in determining whether the complaint plausibly alleges that, for purposes of Linderle’s Title IX retaliation claim, she reasonably and in good faith believed that a gender-based hostile environment existed against LGBTQ and gender nonconforming students, this Court must consider the alleged effects of the District’s interpretation and enforcement of its ‘divisive concepts’ policy as part of the totality of the circumstances.”
Each state and DC Easy The states include California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, and Vermont, all of which state that school district policies censoring LGBTQ+ content (so-called “censorship policies”) are “‘extraordinary in nature’ and unique in their breadth and failure to meaningfully advance legitimate educational goals, further rendering the policies constitutionally suspect.”
The report’s central claim is that school district policies are harming LGBTQ+ youth, and it cites research on the issue.
They argue that the states represented in the amicus brief have more legitimate education policies that protect LGBTQ+ youth for the purpose of furthering their education.
“Amici states also recognize the indisputable fact that LGBTQ people are a part of American life and therefore include LGBTQ experiences and contributions in history and social studies teaching,” the state wrote. “By statute, seven amici states have promulgated history or social studies curriculum requirements related to LGBTQ Americans, and other amici states are taking similar steps and updating their curriculum standards to include LGBTQ people.”
Finally, they argue that the states that filed the amicus brief may need to spend additional money to address the potential negative effects of an influx of LGBTQ+ youth and families from Georgia relocating to their states.
The briefs are against defendants Cobb County School District, the district superintendent, the county board of education and Chris Dowd, a former Atlanta Police Department officer and current school district employee who is accused of misconduct during a raid on a gay bar in 2009. The plaintiffs are represented by the Goodmark Law Firm, the Jerry Weber Law Firm, the Southern Poverty Law Center, the National Education Association and the Southern Education Foundation.
Don’t forget to share:
Good News is a section dedicated to bringing you queer joy. Subscribe to our newsletter We’ll deliver the site’s most positive and entertaining stories to your inbox every weekend. Send us your suggestions for uplifting and inspiring stories.
