Wendy Walsh, ACLU Client And Mother Of Son Who Took His Own Life After Bullying, Helps Introduce Bills
An important bill was introduced simultaneously in the House and Senate today that would protect students from discrimination, including harassment '''based on actual or perceived sexual orientation or gender identity' in public elementary and secondary schools. The Student Non-Discrimination Act (SNDA) would help to end entrenched biases towards lesbian, gay, bisexual and transgender (LGBT) students in our public education system. Today's bills were introduced by Senator Al Franken (D-MN) and Rep. Jared Polis (D-CO). The American Civil Liberties Union strongly supports these bills and urges swift action by both chambers.
'''The Student Non-Discrimination Act would have a profound impact in improving the lives of LGBT students in our schools,' said James Gilliam, deputy executive director of the ACLU of Southern California. '''As a country, we must do a better job of protecting LGBT students and ensuring their right to an education free of intolerance and harassment. So many LGBT students face daily discrimination and, too often, violence in our schools. It's time to make a positive difference in their lives. The House and Senate should make passage of this bill a priority.'
While federal laws currently protect students on the basis of their race, color, sex, religion, disability or national origin, no federal statute explicitly protects students on the basis of actual or perceived sexual orientation or gender identity. SNDA, like Title IX, the Civil Rights Act of 1964, and the various disability civil rights statutes, is not simply legislation that would remedy discrimination after it occurs, but instead would also have the important impact of preventing discrimination from occurring.
The recent tragic deaths of young gay students from across the country underscore the fact that LGBT students are an especially vulnerable population in our nation's schools. Discrimination and harassment, even physical abuse, are often a part of these students' daily lives. Seth Walsh was one of those students. A 13-year-old middle school student, he was bullied and harassed at school for his sexual orientation. Seth's mother and close friends report that teachers and school administrators were aware that Seth was being harassed and, in some instances, participated in the harassment. His mother's pleas to the school for help were often brushed aside. In September 2010, Seth hanged himself from a tree in his backyard. A note Seth left upon his death expresses love for his family and close friends, and anger at the school for bringing them "this sorrow."
In December 2010, the ACLU wrote a letter to Seth's school demanding that they take steps to remedy the hostile environment for students who are or are perceived to be LGBT. His mother, Wendy, attended the White House Conference on Bullying Prevention earlier today and spoke in support of the SNDA at its introduction.
'''Seth was a wonderful, loving child, and I loved him for who he was. I can't bring my son back. But schools can make a difference today by taking bullying seriously when students and parents tell them about it. It's time for change. We have to create better schools for everyone,' said Wendy Walsh.

Assemblymember Ammiano and LGBT Equality Organizations Co-Sponsor AB 9

Today, California Assemblymember Tom Ammiano will introduce a comprehensive bill that tackles school bullying by providing California schools with specific tools to prevent and address the pervasive problem in order to create a safe school environment for all students.

AB 9, also known as '''Seth's Law,' would ensure that every school in California implements updated anti-harassment and anti-discrimination policies and programs that include actual or perceived sexual orientation and gender identity and expression, as well as race, ethnicity, nationality, gender, disability, and religion. It would also empower students and parents to know what their rights are, and how to advocate for them.

AB 9 is named '''Seth's Law' in memory of Seth Walsh, a 13 year-old gay student from Tehachapi, California, who took his own life in September 2010 after facing years of relentless anti-gay harassment at school that school officials effectively ignored.

Schools often do not have the tools or knowledge to adequately protect lesbian, gay, bisexual, and transgender (LGBT) students and others from bullying, which remains a serious issue across California and the rest of the nation. Students, parents, and school employees often don't know what the rules are or what to do if bullying occurs.

"As a former teacher, I know how important it is for our students to feel safe at school. Each day throughout California, LGBT youth experience harassment. I am proud to introduce this bill in honor of Seth Walsh, which will give schools the necessary tools to prevent any young person from being bullied, harassed or worse because of their sexual orientation or gender identity and expression,' said Assemblymember Tom Ammiano.

'''Seth was a wonderful, loving child, and I loved him for who he was. I can't bring my son back. But schools can make a difference today by taking bullying seriously when students and parents tell them about it. It's time for change. We have to create better schools for everyone,' said Wendy Walsh.

The bill is co-sponsored by a coalition of organizations advancing LGBT equality and justice ''' including the ACLU's California Affiliates, Equality California, the National Center for Lesbian Rights, and Gay-Straight Alliance Network.

'''Public schools have tremendous power and responsibility to protect students from bullying and harassment,' said James Gilliam, an attorney with the California Affiliates of the American Civil Liberties Union. '''Better school procedures and policies to prevent and address bullying will make a safer environment for students who are suffering, and can even save lives.'

"Everyday in California, many students go to school fearful of another day of harassment and intimidation with no hope of a better tomorrow," said Geoff Kors, executive director of Equality California. "Seth's Law will give all students the tools to seek the help they need to keep them safe and make sure that educators combat bullying in our schools."

'''Bullying can have serious and tragic consequences, particularly for students who are lesbian, gay, bisexual or transgender,' said Carolyn Laub, Executive Director of the Gay-Straight Alliance Network. '''We must take pro-active steps to ensure that California's schools are safe for every student. Seth's Law will help schools protect students, and prevent and respond to bullying before a tragedy occurs.'

In a recent national survey, nine out of 10 LGBT students reported being harassed at school. The problem persists in California as well, with LGBT students reporting significant harassment. The California Safe Schools Coalition reported in 2010 that 42% of California students who identify as lesbian, gay or bisexual and 62% who identify as transgender reported being harassed at least once based on gender non-conformity.

What's more, young people often face bullying and harassment based on what their peers perceive to be their sexual orientation, regardless of whether they identify as being LGBT. According to the most recent California Healthy Kids Survey 12% of 7th graders and 10% of 9th graders reported being harassed based on their actual or perceived sexual orientation.

The consequences of bullying and harassment can include falling grades, depression, and risk of suicide. LGBT youth are three times as likely to seriously consider suicide as heterosexual youth.

"No child should fear going to school, and yet that is the daily reality for thousands of California students who face relentless harassment and bullying," said National Center for Lesbian Rights Executive Director Kate Kendell. "It's our responsibility to make sure schools are taking active steps to address this problem and using the tools that we know will work to create true change. It is not enough to punish students who bully. We must create a school-wide culture of inclusion and respect for difference."

Under Seth's Law, every school district in the state would:

• Create strong and clear anti-harassment policies and programs, if they don't have them already.
• Have a system in place to ensure that all reports of harassment are taken seriously, addressed quickly, and that parents and students understand the process of making these complaints.
• Explain the harmful impact of bullying and discrimination to students and staff.
• Provide ongoing professional development for teachers, school counselors and administrators about identifying and stopping harassment and discrimination and creating a school-wide culture of inclusion and respect for difference.

The American Civil Liberties Union of Southern California and the National ACLU filed a lawsuit today on behalf of Sukhjinder Basra, a Sikh inmate who is being penalized for refusing to trim his beard on religious grounds. Keeping unshorn hair is one of the central tenets of the Sikh faith. Basra is being denied visitation rights and other privileges for not trimming his beard in accordance with the prison’s grooming policy.
“Mr. Basra has been a model prisoner throughout his time in detention. The only purported blemishes on his record are the result of his refusing to shave his beard on religious grounds,” said Peter Eliasberg, Legal Director with the ACLU of Southern California. “The Department of Corrections should respect Mr. Basra’s faith by clearing his record and allowing him to maintain his beard during the remainder of his sentence with no further penalties.”
The grooming policy, which is set forth in a regulation of the California Department of Corrections and Rehabilitation, prohibits inmates from growing their facial hair longer than half an inch. Because of his refusal to cut his hair in adherence to his beliefs, Basra has faced disciplinary sanctions and exclusion from prison programs and activities, including extra work duty and confinement to quarters with no bedside visitors.
“The Department of Corrections has not presented any compelling reason for forcing Mr. Basra to violate his faith by cutting his beard,” said Daniel Mach, Director of the ACLU Program on Freedom of Religion and Belief. “Mr. Basra’s religious observance poses no threat to the health or safety of the prison staff or his fellow inmates. No one should forfeit the fundamental right to religious freedom at the prison gate.”
Attorneys on the case include Jonathan M. Gordon, Leib M. Lerner and Cassandra Hooks of Alston & Bird LLP; Eliasberg of the ACLU of Southern California; Mach of the ACLU Program on Freedom of Religion and Belief and Harsimran Kaur of the Sikh Coalition.