Here is how this ridiculously disgusting infringement of First Amendment rights unfolded: Marcus was explaining to another student why he had two moms instead of a mom and a dad. Marcus told the student that his mother was gay and that it meant, "when a girl likes a girl." Marcus' teacher overheard the conversation and took disciplinary action, sending Marcus to the principal's office.

On a discipline form, the teacher wrote that Marcus had explained what being gay meant to another student and that "this kind of discussion is not acceptable in my room." It was after this that Marcus' mother received the phone call and the following week Marcus was required to write repeatedly "I will never use the word gay in school again."

First and foremost, this situation is a violation of Marcus' First Amendment right to freedom of speech. In Tinker v. Des Moines Independent Community School District (1969), the Supreme Court ruled that children do not "shed their constitutional rights to freedom of speech or expression at the school house gate."

Also, it was shown in Henkle v. Gregory (2001) that this freedom of speech includes discussion of sexual orientation. The Ernest Gallet administrators blatantly disregarded these court rulings when they punished Marcus for explaining what "gay" means to his fellow student, thereby violating his First Amendment right to freedom of speech.

Second, punishing Marcus for saying the word "gay" is discriminatory. By disallowing the use of the word "gay," Ernest Gallet Elementary School is discriminating against students who have LGBTQ (Lesbian, Gay, Bisexual, Transgender or Queer) affiliations. If schools allow students with heterosexual parents to talk about their home lives, then students with homosexual parents should also be allowed to talk about theirs.

In addition, disallowing the use of "gay" is discriminatory toward students who are LGBTQ. Unfortunately, many students report incidences of discrimination at school due to their sexual orientation. According to the Hetrick-Martin Institute, 46 percent of LGBTQ youth report being verbally harassed at school, 86.7 percent report hearing homophobic remarks frequently and 36.6 percent said they heard homophobic remarks from school faculty or staff.

All students should be able to receive an education free from harassment or discrimination regardless of their sexual orientation or the sexual orientation of their friends and family members.

Lastly, by punishing Marcus for explaining what it means to be gay to another student, Ernest Gallet Elementary School is contradicting their educational mission as a school. Children who are harassed or discriminated against at school for any reason probably have a difficult time learning.

In a horrifying example of irony, it is school officials who are keeping children ignorant. By censoring Marcus and other children and not allowing them to discuss sexual orientation, schools are promoting ignorance regarding homosexuality. Schools are established to educate children, not to promote ignorance and intolerance.

Silencing children regarding sexual orientation is censorship and discrimination. This is not acceptable in America. The First Amendment guarantees freedom of speech to all citizens, a right that is not disposed of upon entering a school.

By punishing students for discussing homosexuality, schools are encouraging ignorance and subsequently breeding intolerance in children across this country. Schools should start educating children and stop punishing them for discussing sexual orientation; it's outrageous, unreasonable and unconstitutional.

SOURCE: Indiana Statesman, December 8, 2003
http://www.indianastatesman.com/vnews/display.v/ART/2003/12/08/3fd4b6b1b8f3d