Principal "Outs" Gay Student and Gets Sued

A Senior at Ponce de Leon High School in Florida went to her principal with a problem. She was a lesbian and was being harassed by other students. She naturally expected the principal, David Davis, to take care of the situation so that she could return to classes free from the ridicule and intimidation of other students.

Instead of being sympathetic towards the student's predicament, principal Davis went on the attack. He told her that homosexuality was wrong. He said she should not tell people she was gay and he informed her parents of their conversation. He even ordered the student not to talk with other "middle school" girls.

After learning about how this student was treated by the principal, some of her friends began a protest on her behalf. They wore gay pride T-shirts and dressed in rainbow colors. The principal was livid and proceeded with his own campaign of intimidation. He questioned the students about their own sexuality and their association with other gay students. Some of them were suspended from from school.

"Davis embarked on what can only be characterized as a 'witch hunt' to identify students who were homosexual and their supporters, further adding fuel to the fire," U.S. District Judge Richard Smoak recounted in his ruling. "He went so far as to lift the shirts of female students to insure the letters 'GP' or the words 'Gay Pride' were not written on their bodies."

One of the protesting students, Heather Gillman, an 11th-grader, who was suspended from school complained to her mother, Ardena Gillman, who got in touch with the American Civil Liberties Union (ACLU). Ardena, who wanted to support her daughter, understood that tolerance needed to be taught in school. Ardena also knew that her actions might cause problems in the small "Bible Belt" town.

Ponce de Leon is part of Holmes County, Florida, very close to the Georgia line. It has about 20,000 residents. There is some agriculture, but most people are employed either by prisons or schools; some commute to the Gulf Coast to work in tourism. Ponce de Leon, with fewer than 500 residents, has a cafe, a post office and an antique store.

"What happens when these kids get out in the real world after they leave Ponce de Leon and they have a black, homosexual supervisor at their job?" she said.

The ACLU took the case on behalf of Heather Gillman. They contacted the lawyers representing the school trying to clarify the school's position on wearing rainbow clothing, the initials “G.P.” (for gay pride), and whether students could wear T-shirts that say “I support my gay friends.” See a copy of the letter here.

The school lawyers replied saying that they would not tolerate any gay-themed expressions in the school and referred to any such symbols as support for an illegal organization or secret society. The school said that it would not allow any expressions of support for gay rights at all because such speech would “likely be disruptive.” See the letter here.

After receiving this response from the school, the ACLU began court proceeding against the school and its principal, David Davis. They claimed that the school violated the students civil rights. See the complaint here.

The case went before Judge Richard Smoak of the United States District Court, Northern District of Florida, Panama City Division. Principal David Davis admitted under oath that he had banned students from wearing any clothing or symbols supporting equal rights for gay people.

Davis also testified that he believed rainbows were “sexually suggestive” and would make students unable to study because they’d be picturing gay sex acts in their mind.

After a two day trial the judge ruled against the school district which was ordered to pay $325,000 in ACLU attorney fees. See his comments here.

Principal David Davis was demoted by Steve Griffin, Holmes County's school superintendent, and school employees must now go through sensitivity training. However much of the community find it hard to understand what Davis did wrong.

"We are a small, rural district in the Bible Belt with strong Christian beliefs and feel like homosexuality is wrong," said Steve Griffin who keeps a Bible on his desk and framed Scriptures on his office walls. "I don't think we are that different from a lot of districts, at least in the Panhandle, that have beliefs that maybe are different from societal changes."

Many in the community support Davis and feel outsiders are forcing their beliefs on them. Griffin, who kicked Davis out of the principal's office but allowed him to continue teaching at the school, said high schoolers here aren't exposed to the same things as kids in Atlanta or Chicago.

"David Davis is a fine man and good principal, and we are a gentle, peaceful, Christian, family-oriented community," said Bill Griffin, 73 and a lifelong Ponce de Leon resident who is no relation to the district superintendent. "We aren't out to tar and feather anyone."

The lawsuit could reflect a division between the high school students who have grown up in an era of gay tolerance and the community's elders, said Gary Scott, a school board member. The judge's scathing rebuke left Scott questioning how his community's beliefs could be so different from the judge's opinion

Maybe Scott like many in the community did not fully understand what the judge was saying when he ruled against the school and ex-principal David Davis:

"I emphasize that Davis's personal and religious views about homosexuality are not issues in this case. Indeed, Davis's opinions and views are consistent with the beliefs of many in Holmes County, in Florida, and in the country," Smoak wrote in an opinion released last month. "Where Davis went wrong was when he endeavored to silence the opinions of his dissenters."

New York Recognizes Same-Sex Marriage

Gov. David A. Paterson has directed all state agencies to begin to revise their policies and regulations to recognize same-sex marriages performed in other jurisdictions, like Massachusetts, California and Canada. In a directive issued on May 14, the governor’s legal counsel, David Nocenti, instructed the agencies that gay couples married elsewhere “should be afforded the same recognition as any other legally performed union.”

The directive makes New York state the only state that recognizes gay marriages performed elsewhere, while it is still illegal in New York. It has fueled speculation that Gov. Paterson may soon push for gay marriage. In a videotaped message given to gay community leaders, Mr. Paterson described the move as “a strong step toward marriage equality.” And people on both sides of the issue said it moved the state closer to fully legalizing same-sex unions in this state.

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“Very shortly, there will be hundreds and hundreds and hundreds, and probably thousands and thousands and thousands of gay people who have their marriages recognized by the state,” said Assemblyman Daniel O’Donnell, a Democrat who represents the Upper West Side and has pushed for legalization of gay unions.

This is expected to cause revision to as many as 1,300 statutes and regulations in New York governing everything from joint filing of income tax returns to transferring fishing licenses between spouses. Agency heads were directed to identify a list of state regulations and statutes that were likely to need overhaul, including measures affecting a spouse’s ability to collect a deceased spouse’s pension and to continue to use public housing. Mr. Nocenti wrote that state agencies should review all rules and regulations to determine whether they conflict with recognition of same-sex marriages and report back to him by June 30. He said that state agencies that did not provide “full faith and credit to same-sex marriages” could be subject to liability.

Opponents of gay marriage accuse the governor of trying to circumvent the state legislature and say the issue should be decided by the voters and not by executive directive.

“It’s a perfect example of a governor overstepping his authority and sidestepping the democratic process,” said Brian Raum, senior legal counsel for the Alliance Defense Fund, a national organization opposed to same-sex marriage. “It’s an issue of public policy that should be decided by the voters.”

Forty-one states are currently limiting marriages to that between a man and a woman; Massachusetts and California remain the only states that legalize gay marriage while others only allow civil unions. The previous governor of New York, Elliott Spitzer, had introduced a bill last year that would have legalized gay marriage. The Democratic-dominated Assembly passed the measure, but the Republican-led Senate has refused to call a vote on it.

The Paterson directive cited the case of Patricia Martinez, who works at Monroe Community College and who married her partner, Lisa Golden, in Canada. The State Appellate Court in Rochester ruled that she could not be denied health benefits by the college because her marriage was legal and New York state had a longstanding policy of recognizing marriages performed elsewhere, even if they are not explicitly allowed under New York law.

While gay rights advocates widely praised the spirit of Mr. Paterson’s policy, some saw more than a little irony in the fact that New York has yet to allow gays to marry.

“If you’re going to treat us as equals, why don’t you just give us the marriage license?” said Alan Van Capelle, executive director of Empire State Pride Agenda. “So this is a temporary but necessary fix for a longer-term problem, which is marriage equality in New York State.”