Dept of Education moves to aggressively curb anti-LGBT bullying
Pam's House Blend
by: craigkg
Tue Oct 26, 2010 at 10:22:53 AM EDT
http://www.pamshouseblend.com/diary/17797/dept-of-education-moves-to-aggressively-curb-antilgbt-bullying (http://www.pamshouseblend.com/diary/17797/dept-of-education-moves-to-aggressively-curb-antilgbt-bullying)
In several cases over the last decade victims of anti-LGBT bullying have sued their schools over the discrimination and harassment they have suffered. The cases were the product of the intersection of two important Supreme Court cases from the late 1990's: Davis v Monroe County Board of Education finding schools can be liable under Title IX for student on student harassment and Oncale v Sundowner Offshore Services finding sexual harassment can include harassment where the harasser and victim are of the same sex. Almost immediately, federal courts began finding some forms of discrimination and harassment of students by other students on the basis of actual or perceived sexual orientation can violate Title IX. See for example Montgomery v. Independent School District No. 709, Flores v Morgan Hill Unified School District, Theno v Tonganoxie Unified School District, Ray v Antioch Unified School District and Schroeder v Maumee Board of Education.