Dolphin Democrat News

Tuesday, January 19, 2010

JUSTICE DEPARTMENT INTERVENES IN GAY RIGHTS SUIT FOR THE FIRST TIME IN A DECADE

On Jan.15, for the first time in a decade, the Justice Department intervened in a gay rights suit. In August, an openly gay 14-year-old named Jacob -- with the help of the American Civil Liberties Union -- sued the Mohawk Central School District in upstate New York because officials did not appropriately respond to relentless harassment, physical abuse and threats of violence" that Jacob received because of his sexual orientation. NPR reported that some of the harassment Jacob alleges he was subjected to included kids throwing food at him, students telling him to get a sex change, and one student pulling out a knife and threatening to "string Jacob up the flagpole." The Justice Department is citing Title IX of the Civil Rights Act of 1964 -- which protects people against gender discrimination -- in its Motion to Intervene. However, the Obama administration is relying on a "broad reading" of Title IX, arguing that the "law also covers discrimination based on gender stereotypes." In the Motion, the Justice Department argues that the Mohawk District officials also violated the Equal Protection Clause. On Jan. 7, the Assistant Attorney General authorized the federal government's intervention "by certifying that this is a case of general public importance." Conservative lawyers are arguing against the Obama administration's approach, saying that it is "making up a legal violation where there hasn't been one."

Source Think Progress