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Lesbian, 15, Sues
School District Over Gym Class Ban
Outsports.com
A 15-year-old California student banned
from gym class because she is a lesbian has sued her middle school,
alleging discrimination.
Ashly Massey, an eighth-grader in Banning,
a small community in the Southern California desert, contends she was
forced to sit in the principal's office during physical education
class this spring after the gym teacher heard that she was a lesbian.
The lawsuit filed on her behalf says that the action by Coombs Middle
School in Banning violated her constitutional right to equal
protection and her rights under the Student Safety and Violence
Prevention Act of 2000, a new California law that prohibits
discrimination against public school students on the basis of sexual
orientation. The American Civil Liberties Union of Southern California
and the National
Center for Lesbian Rights filed the suit.
Soon after the gym teacher heard that Ashly was a lesbian, she called
Ashly's mother to inform her that there was a problem with Ashley
being in the girl's locker room because of Ashly's sexual orientation,
the suit says. Ashly's mother asked the gym teacher if her daughter
had misbehaved. The teacher reported that Ashly had not acted
improperly, or made any inappropriate comments to other students.
Ashly's mother asked the teacher to call her again if there were any
future problems.
Ashly's mother Amelia never received another call from the gym
teacher. When Ashly showed up for gym class the next day, she was told
that she would no longer be allowed in gym class and to go to the
principal's office instead. For the next week and a half, Ashly sat in
the principal's office during the time she was supposed to be in gym
class.
School officials contended that other girls would be uncomfortable
dressing in front of Massey.
"It's fine if they're uncomfortable but it's still discrimination,"
Massey told Reuters in an interview. "I have an equal right to be in
the locker room. I didn't do anything wrong. … I felt alienated.
"I'm a little nervous but I think that this is a good opportunity for
people like me, whether they are gay, straight or transgender, to be
able to stand up for what's happening to them. This goes on all over."
Ashly’s mother was supportive of her daughter’s stance. "She was made
out to be a public spectacle," Amelia Massey, a registered nurse, told
Reuters. "She feels strongly about who she is and feels strongly that
she should take this stand. This is the rest of her life. You can't
just put your head down."
"This is a clear case of discrimination," said Martha Matthews, an
ACLU attorney. "Ashly did nothing wrong, but she was denied access to
a public school class, and forced to sit in the office day after day."
Added Courtney Joslin, staff attorney at the National Center for
Lesbian Rights: “Even if students are uncomfortable sharing gym class
with someone of a different sexual orientation, the school does not
have a right to discriminate. Instead, the school should educate
students on getting along with others in an increasingly diverse
society."
The complaint, filed in federal court in Riverside, asks for damages
and for an injunction requiring the school to develop sexual
orientation policies and teacher training. School district officials
had no comment.
Related:
Homophobia in Sports project
Dec. 17, 2002 |
