May 2007 E-Newsletter

5. GSA Network News

Legal Suggestions for Prom Time
It takes courage to go against the grain at high school prom. By this, I mean wearing something that
may attract a stare or two based on its unconventionality, bringing a date of the same sex, not going
with a date, or running for prom king (when one is perceived as a female) or prom queen (when one is
perceived as a male). Prom time poses interesting questions for students, administrators, parents, and
community members.

Despite the fact that high school prom has usually been portrayed as a solely heterosexual and
"conventional" event in mass media (think Pretty in Pink and many movies from the 80s), the right to
bring a same-sex date to prom was established in federal court back in 1980. Incidentally, this was the
year Michael Jackson's single "Rock With You" was huge, Ronald Reagan was elected, and the US hockey
team beat Russia during the Olympics.

So you see, there is a relatively long history of protected free speech under the First Amendment of the
US Constitution for all students. And every year there are new issues at prom time that raise the
question: is this protected as free expression under the California and/or federal Constitution?

Question
One question that has been raised recently is whether there are any laws that would prevent a girl from
running for Prom King or a boy from running for Prom Queen. Again, this is largely a question of
students' right to free expression, but could also be framed as a student's right to receive an education
free from discrimination on the basis of sex, gender, gender expression, and/or sexual orientation.

While there's not a clearly settled legal answer, there was a situation in Fresno, California recently
whereby a transgender student was allowed to run for prom king, despite the fact that the school
district initially only allowed "male" students to run for king. This was a significant victory for students'
right to free expression, as the school district decided to allow the transgender student to run on the
ballot with other male candidates instead of forcing the student to run for prom queen. This story can be
found at http://www.mercurynews.com/news/ci_5714908.

Discrimination
In California, AB 537 disallows discrimination and harassment on the basis of gender identity, sexual
orientation, and sex (among other categories). Arguably, expression of gender identity through the
clothing of one's choosing, etc., is protected in California for students.

Expression
In 1993, the California Legislature enacted section 48950 of the Education Code, securing public high
school students' rights to free expression. This measure was intended to make clear that students have
the same rights to exercise free speech at school as they enjoy away from school.

One strong argument to make, if students feel their free expression rights are being suppressed, is to
argue that their actions are not "materially disruptive," and cannot therefore be suppressed at school.
This means that the act and speech of expressing one's gender identity or presentation and/or one's
sexual orientation is not creating a disruptive or dangerous situation.

Furthermore, if the school attempts to justify denying students the ability to dress in a gender non-
conforming fashion by stating it will be disruptive or dangerous to these students, these are strong
arguments to make:

Under the California Education Code, a school may not silence LGBT students as a means of
protecting them. As long as LGBT and ally students' behavior does not urge violence or any
harassing behavior, then school administrators cannot restrict their expression in reaction to
other students who may strongly, and even violently, disagree with the LGBT students'
expression.
Courts throughout the country have also repeatedly held that constitutional protections apply to
expression by openly gay, lesbian, bisexual, and transgender high school students. In Fricke v.
Lynch, for example, the court held that the expressive right of a gay student to bring a same-sex
date to the prom outweighed the legitimate interest in school discipline. This is because the
school should have addressed the discipline concern by providing the gay student with security
escorts instead of disallowing him the ability to express himself in a non-disruptive manner.

No matter where a student is located throughout the country, they can likely find allies at school who
would support the decision to run for prom queen or king. Sometimes having this support and
encouragement is enough to help persuade school administrators to change their policies to allow boys
to run for queen or girls to run for king.

And if a public high school student identifies as a male, in California he should certainly be allowed to
participate in a school activity in the way that corresponds with his gender identity, even if not
stereotypically associated with his assigned sex at birth.

Have fun and be safe at this year's prom... and remember that you have the right to be yourself! If you
feel that you are being treated unfairly at prom or any of the surrounding activities, please contact GSA
Network and see what we can do to assist you!

3. SRGSA Yvonne & Lance Scholarship deadline extended to May 16
SRGSA scholarship applications are still being accepted! The Sacramento Regional Gay-Straight Alliance
(SRGSA) was founded by a group of students who wanted to see a change in the public school system.
They were tired of seeing the inaction by administration in dealing with harassments that were directed
at actual and/or perceived lesbian, gay, bisexual, transgender, and queer (LGBTQ) students.

This year the SRGSA, along with its “parent” organization Respect Sacramento, has decided to grant two
$500 scholarships to graduating seniors in the greater-Sacramento area. This scholarship is named
after two students, Lance and Yvonne, in honor and respect for the hard work in ensuring that LGBTQ
students (actual or perceived) are protected on their campus and full compliance with California state
law.

Download complete information and application directions here. Download the Application Form here.
Download the References Form here. The deadline for submitting the application is May 1.

1. From the Editor: T-shirts -- Freedom of Speech vs. Freedom to
Intimidate
On Monday, local anti-gay "church" groups plan to protest the suspension of
several students who wore "Sodomy is Sin" t-shirts at San Juan High School. The
shirts were worn to intimidate LGBT youth and their straight allies who
participated in the annual Day of Silence last month. The groups extended their
intimidation to protests outside a district official's church and home on Sunday.

These groups are comprised of the usual suspects: fundamentalist Slavic
churches and the foothill loon Dick Otterstad and his family "Church of the Divide"
from the Placerville area. Their appearances at schools, churches, and other public
places and events serve as sufficient proof in and of themselves of the need for
things like Gay-Straight Alliances, the Day of Silence, and The California Student
Safety and Violence Protection Act. Students are threatened by these thugs in the
name of religion.

The annual Day of Silence is a silent protest held by high school and college
students each year in April to raise awareness of the harassment and
discrimination faced by LGBT youth. This year the anti-gay Religious Reich
targeted Rio Linda and San Juan High Schools to picket with their ugly signs and
furnished students with anti-gay t-shirts. Students at both schools were
suspended for wearing the anti-gay shirts that read, among other things,
"Sodomy is Sin" and included the usual Biblical death threats to homosexuals. You
can read The Sacramento Bee story about the Rio Linda protest here:
http://www.sacbee.com/293/story/157513.html. You can get a look at the actual
t-shirts from a Channel 13 story here:
http://cbs13.com/local/local_story_108213411.html.

We received a few emails and phone calls from genuinely frightened people --
adults and students -- who were directly targeted with threats. We support
district officials who suspend students for wearing threatening t-shirts and
oppose giving in to these local religious extortionists who demand free speech in
order to harass and intimidate students on campus. They are entitled to speak
freely in the open marketplace of ideas, but they should never be given free reign
to harass and intimidate LGBT students on a school campus, where their safety
and security should be guaranteed. Although there is no evidence that gay
students have done so, LGBT students and their allies should likewise be mindful
of the situation and not wear t-shirts or other items that attack or intimidate
others on school grounds.

4. Announcements

NOW request for help in defending Women's Health Clinic from attacks by protesters
The Sacramento Chapter of the National Organization for Women (Sac NOW) has coordinated clinic
escorting at Women's Health Specialists for several years. They keep an eye on the protesters and make
sure clients have access to all the clinic’s services, including family planning, STD testing and abortion.
Sac NOW has had about a year and a half off, as the protesters have not been coming since their last
court victory.

Unfortunately, they're back... They have been at clinic the last several weeks and a few weeks ago, two
of protesters assaulted one of the neighbors. Sac NOW is not sure what the coming weeks will hold but
they need to be prepared and make sure that clinic is covered.

I know it is not the best way to spend a Saturday morning, but the clinic at it's patients need us. Please
consider coming out this Saturday and upcoming Saturdays. We need people starting at 9:00 AM. End
time depends on when the protesters leave (any time between 10:30 and 12). The clinic address is
1750 Wright Street. If you haven't come before, we can do on site escort training. If you are interested,
please contact Wendy Rae Hill at sacstonewallwomenscaucus@gmail.com.

Sacramento International Gay & Lesbian Film Festival looking for volunteers
The Sacramento International Gay and Lesbian Film Festival (SIGLFF) is looking for volunteers for the
2007 year. See lots of films, meet the artists; use your talents, be appreciated; be on the inside of one
of Sacramento's biggest LGBT arts event; meet and connect with interesting people; learn new skills;
build relationships, network; play & have fun. Contact Diva at phyllips@comcast.net if you are interested
in learning more or visit the website at http://www.siglff.org.

EQCA Sacramento Equality Awards reception set for May 21
Actor Doug Spearman, from the hit series “Noah’s Arc,” is the special guest at Equality California’s
Sacramento Equality Awards Reception on May 21. EQCA will honor Assemblymember Lloyd Levine,
Assemblymember Fiona Ma, and CAPPAC, the Capitol Political Action Committee, for their contributions in
fighting for the equal rights of lesbian, gay, bisexual and transgender (LGBT) Californians. A VIP
engagement begins at 5 p.m. at the Sheraton Grand Hotel and includes an exclusive social hour with
Spearman and the honorees. The awards reception begins at 5:30 p.m. For tickets and more
information, visit eqca.org or call (310) 248-3692 ext 3.

Sacramento Stonewall Democrats Four Freedoms Awards Dinner
Save the date of May 31st, 2007 for the annual Four Freedoms Award Dinner. Sacramento Stonewall is
building on the success of last year’s fantastic evening, and this will be a night to remember. Tickets,
tables, and sponsorship opportunities will be finalized soon, so check the website often (www.
sacstonewall.org) to be the first to purchase your tickets! They still need volunteers to help out with the
logistics; contact Sacramento Stonewall Democrats at info@sacstonewall.org.