Over the last week, Tennessee
Equality Project has called attention to the dangers of the “License to Bully”
bill (SB0760/HB1123) that religious conservatives have championed
as a legislative priority. This
legislation creates a loophole in current education policy that gives students
permission to intimidate, harass and bully their classmates when expressing
“religious, philosophical, or political views.”
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| The Family Action Council of Tennessee wants to issue a "License to Bully" to student in Tennessee. |
This dangerous proposal would give license to students to
fully express intolerant biases based on race, religious belief, sexual
orientation and gender identity or expression. Making matters even worse, the
“License to Bully” bill would prohibit schools from adding socioeconomic
status, academic status, disability, physical appearance, sexual orientation
and gender identity or expression to the list of enumerated protections in
bullying policy. SB0760/HB1123 would also prohibit the formation of
student-led, teacher-advised, and parent-supported Gay Straight Alliances in
schools - a strategy with a proven record for reducing anti-LGBT bullying in
schools.
Since the Tennessee General Assembly adjourned in the spring
of 2011, TEP has highlighted the current inadequacies of school bullying
policy. Students and parents at Sequoyah High School in Madisonville, TN tried
to organize a Gay Straight Alliance (GSA) to confront the bullying of lesbian,
gay, bisexual, transgender or questioning students. School administrators and
religious leaders in their community opposed this initiative and even led to
charges of assault of a student leader of the proposed GSA by the school’s
principal.
In December, Tennesseans learned of the tragic suicide of
Jacob Rogers in Ashland City, a student who endured years of anti-gay bullying
at Cheatham County Central High School. While many factors contributed to this
incident, the absence of sexual orientation and gender identity or expression
among the enumerated protections in the school’s bullying policy at the time was
a contributing risk factor according to reports from friends and family.
While the push to enable bullying with policy loopholes in
Tennessee is troubling enough, Tennessee Equality Project learned over the
weekend that the House sponsor of last year’s “Don’t Say Gay” bill has
requested that the house version of the bill be put on notice in the House
General Subcommittee on Education (a version of the bill passed the Senate last
year). As originally proposed, the HB0229/SB0049 states that “ no public elementary or
middle school shall provide any instruction or material that discusses sexual
orientation other than heterosexuality.”
Imagine this scenario if the “License to Bully” and “Don’t
Say Gay” bills become law in Tennessee: A student expressing the teaching of
his religion repeatedly tells a classmate perceived to be gay that he is a
sodomite and that he faces hell and eternal damnation. Not only would such
bullying be allowed by the “License to Bully” loophole, but the target of such
attacks could not seek help from teachers forbidden from discussing the subject
of gay people by the “Don’t Say Gay” proposal. Standing alone, these bills
create an unsafe situation for students in schools. Together, these bills place
students in double jeopardy. Students with an anti-gay bias would be free and
encouraged to bully LGBTQ students, and teachers and other school staff would
be prohibited from speaking about the issue.
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| The "Don't Say Gay" bill will violate free speech protection in schools. |
In an October 26, 2010 letter to school officials
nationwide, the Office of Civil Rights for the U.S. Department of Education
reminded that “Title IX also prohibits sexual harassment and gender‐based harassment of all students, regardless of the actual
or perceived sexual orientation or gender identity of the harasser or target.”
The “License to Bully” and “Don’t Say Gay” bills may promote the crossing of
that line in Tennessee schools.
It's time for Tennesseans to stop using children as pawns in the
pursuit of social, religious and political agendas. The time and effort of
policymakers would be better focused on ways to ensure that Tennessee students
receive an education free from bullying, harassment and intimidation. We need
to increase protective factors and decrease risk factors for students in Tennessee
schools. Parents, teachers, students and other advocates must contact their
lawmakers in state government to voice their opposition to the “License to
Bully” and “Don’t Say Gay” bills. The health and welfare of Tennessee children
depend on it.
License to Bully
Petition addressed to the House and Senate Education Committees:
Don’t Say Gay
Bill Petition to the House Subcommittee on Education:
For more information contact:
Tennessee Equality
Project advances and protects the rights of lesbian, gay, bisexual and
transgender people and their families in Tennessee.
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