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ACLU addresses Jonesborough student’s plight

 Demands apology and no future punishment for Day of Silence participation

 

by Beth Maples-Bays
Equality Herald - Editor and Publisher

Jonesborough, Tenn. – The American Civil Liberties Union of Tennessee (ACLU-TN) speaks out in the wake of a student’s suspension from David Crocket High School (DCHS) for his actions related to the National Day of Silence last month. In a letter to Washington County School System officials, ACLU-TN demands an apology to Curtis Walsh, the suspended student, and a promise to refrain from punishing future participants in similar actions. DCHS is a public high school located in the southern part of Washington County in Northeast Tennessee. It serves grades nine through 12 with a population of 1475 students.

"I just wanted to do something positive about the harassment I've had to deal with every day at this school," said Curtis Walsh, a senior who says that he has been a frequent target of anti-gay harassment at the school. "I'm graduating in a few days, but I want things to be better for future gay students than they were for me. It's pretty ironic that my principal decided to silence me for taking part in a protest in which I was planning to be silent all day."  

Day of Silence participants were prohibited from taking part in the annual nationwide student action. Principal David Henry Marable sent Walsh home for three days as a result of the attempted April 18 action. Marable cited safety concerns as the rationale for the punishment.

The Day of Silence is an annual event held to bring attention to anti-LGBT bullying, harassment and discrimination in schools. Students and teachers nationwide will observe the day in silence to echo the silence that LGBT and ally students face everyday. In it's 11th year, the Day of Silence is one of the largest student-led actions in the country.

Founded in 1996, the Day of Silence® has become the largest single student-led action towards creating safer schools for all, regardless of sexual orientation, gender identity or gender expression. From the first-ever Day of Silence® at the University of Virginia in 1996, to the organizing efforts in over 1,900 middle schools, high schools, colleges and universities across the country in 2002, its textured history reflects its diversity in both numbers and reach. – from the Day of Silence Web site


"I'm really proud of my son for wanting to do something so other students don't have to suffer the kind of harassment he's had to endure at school for all these years," said Zina Owens, Walsh's mother. "Where was all this concern about harassment when other students were calling Curtis names and threatening him every day? Why should he be punished for something other students might do? That doesn't make any sense at all." 

DCHS Principal David Henry Marable denies receiving the ACLU’s letter.

“I have received no letter from the ACLU. That boy was not suspended. You can check his disciplinary record and will see that he was not suspended,” asserts Marable. He does admit that Walsh was sent home for three days, the normal length of time a student must stay home following a suspension from most schools in East Tennessee. 

“Schools don't get to take away students' right to free speech just because they fear that others might respond badly to that speech," said Hedy Weinberg, Executive Director of the ACLU of Tennessee. "The school's proper response when students react disruptively to constitutionally-protected speech is to punish the students who are disruptive, not to violate the rights of students who are exercising their free speech rights."

The letter from ACLU-TN was also sent to the Gay, Lesbian, Straight Education Network (GLSEN,) which spearheads National Day of Silence.

“While we encourage participants to work with their teachers and administrators to make the day as successful as possible, students are well within their rights to participate in the Day of Silence,” states Gay Lesbian Straight Education Network (GLSEN) Founder and Executive Director Kevin Jennings

“Bullying, harassment and discrimination toward students based on their actual or perceived sexual orientation and gender identity/expression is the rule, not the exception, in our schools. It is always troubling to hear of students being punished for using positive means to improve their school climate. This incident seems to point to the very reason hundreds of thousands of students across the country participate in the Day of Silence every year,” Jennings adds.

"Lesbian, gay, bisexual, and transgender youth in this country face harassment, discrimination, and violence in their schools and communities on a daily basis," said Christine Sun, a staff attorney for the Lesbian Gay Bisexual Transgender Project at the ACLU of Tennessee. "It's completely unacceptable that a student trying to convey a positive message of human rights for all would face this type of reaction from their school administration."

The annual observance originates from GLSEN in collaboration with the United States Student Association (USSA) and came about in response to pervasive violence specifically directed toward LGBTQ students in the school setting.

The following statistics come from the GLSEN Web site.

Homophobic Remarks/ Verbal Harassment:

  • 84% of LGBT students report being verbally harassed (name calling, threats, etc.) because of their sexual orientation.
     

  • 92% of LGBT students report hearing homophobic remarks, such as “faggot,” “dyke” or the expression “that’s so gay” frequently or often.
     

  • 45% of LGBT youth of color report being verbally harassed because of both their sexual orientation and race/ ethnicity.
     

  • 62% of LGBT students report being verbally harassed based on their gender expression.

Within this vulnerable population, transgender students are even more at risk. Students that identify as transgender are 30% more likely to report physical harassment (being shoved, pushed, etc.) than lesbian, gay and bisexual students. 

The annual observance has blossomed since its inception in 1996, spreading across the country as students speak out against violence.

Officials from the Washington County School System were not available for comment at the time this article went to press.

The letter faxed and mailed to DCHS from ACLU-TN can be viewed here: www.aclu.org/lgbt/youth/29685lgl20070514.html.

 

 

 

 

 

 

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