The Civil Rights Division has struck again. This time the target was Mohawk Central School District in upstate New York. The CRD's involvement was needed because students had been mean to another of their fellow students who had made some interesting life choices.
On Jan. 14, 2010, in the Northern District of New York, the United States sought to join a lawsuit filed by the New York Civil Liberties Union on behalf of a student, J.L., who was the alleged victim of severe and pervasive student-on-student harassment based on sex. According to the United States’ motion, J.L. failed to conform to gender stereotypes in both behavior and appearance. He exhibited feminine mannerisms, dyed his hair, wore makeup and nail polish, and maintained predominantly female friendships. The United States alleged that the harassment against J.L. escalated from derogatory name-calling to physical threats and violence.
Of course bullying is always wrong, but it's also a natural consequence of grade school. Students are insulted and beat up on the playground for being fat, thin, geeky, snide, poor at sports, and everything in between. If J.L. chooses to be transgendered, it's illegal to discriminate against him as far as things like hiring go. But bullying at school is a much different story. J.L. was awarded $50,000 for the incident.
The Civil Rights Division's lawsuit technically has merit under Title IX of the Civil Rights Act. But to use it to criminalize schoolyard bullying stretches the law in a very dangerous direction.
No comments:
Post a Comment