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Alabama School District Violates the U.S. Constitution

Fires Closeted Teacher over Suspect Sexual Orientation

ACLU Blasts Gossip, Whispers, Guesses in Workplace

Compiled By GayToday
American Civil Liberties Union

Montgomery, Alabama-- A public school district in Alabama violated the U.S. Constitution by firing a teacher because he is gay, according to a federal lawsuit filed last week by the American Civil Liberties Union. The man was deeply closeted but was fired anyway because school officials suspected he was gay, the lawsuit charges.

"This is a top-notch teacher. He was the first to get to school in the morning and the last to leave at night-- and in between he created a new school program that won statewide awards," said Leslie Cooper, an ACLU attorney handling the case. "One day he sat down with his principal and received an excellent evaluation, and literally the next day he was fired."

Within days after the man was fired, students circulated written petitions asking the school board to let him keep his job -- and more than a quarter of the school's entire student body signed them, Cooper said. The school board, the superintendent and the principal stood by their decision, however, and replaced him with another teacher who was not even certified to teach the subject, the lawsuit charges.

"We already have a serious shortage of qualified teachers in this state -- firing this man cost our kids one more good teacher, for no reason," said ACLU of Alabama Executive Director Olivia Turner. She said out-of-field teaching is a "huge problem" in Alabama schools with, for example, only 18 percent of math classes being taught by people who majored in mathematics themselves, according to a 1999 report by the A+ Education Foundation.

The fired teacher is identified in the case as "John Doe" because he is teaching at another public school in Alabama where he remains closeted. In a court affidavit filed today by the ACLU, he says he fears harassment or violence if his identity is known, and that he also fears that he will again be fired and become unemployable as a teacher in the state.

"I know I'm a good teacher. My bosses know it, my students know it and their parents know it. I've always understood that the bargain here is that I do my job and do it well, and that I keep my private life private. I did that, and it didn't matter. I lost my job anyway," the man said in a written statement read today at a press conference in Montgomery.

"It's unconstitutional to fire teachers for being gay -- regardless of whether they're closeted or out," the ACLU's Cooper said. "But this case sends a message to gay employees everywhere: The closet will not protect you."

To make his colleagues, supervisors and students believe that he was heterosexual, Doe invited female friends on "dates" to school athletic and social events, the lawsuit says. He did not show affection in public to his partner of eight years and told even some of the people he is closest to that they were simply roommates. Instead, he talked openly about his ex-wife and children, further trying to lead people to believe he was heterosexual.

But, according to the lawsuit, everything changed at the end of the school year when Doe's partner volunteered at a school event. Although the men behaved as though they were just friends or roommates, the ACLU says he had apparently crossed a line with members of the school community.

"Even though he remained deeply closeted, they already suspected he was gay -- and there was already plenty of whispering and guessing -- so they decided to get rid of him," Cooper said. The superintendent told Doe that the school board had fired him, and then refused to tell him why, according to Cooper.

Today's lawsuit seeks unspecified monetary damages from the school district as well as the individual school board members and the superintendent. It also seeks to have the man reinstated in his job. The case is John Doe v. An Alabama Board of Education (et al). The school district has 30 days to respond to the complaint filed today.
Statement of "John Doe"
Plaintiff in federal civil rights case
against Alabama school district

I always wanted to be a teacher. For me, no other job compares to giving kids the skills, confidence and stability they need to develop into happy, healthy adults.

In college here in Alabama, I majored in education, but I then left the state and went into another field. I got married, had kids and for years tried desperately to be heterosexual.

Finally, I realized that I have to be true to myself -- in every way. I got divorced and came back to Alabama, where I now live with my partner of several years. I also decided to finally become a teacher. I spent nearly two years earning the proper credentials for teaching in Alabama public schools. And I finally found a job doing what I do best, in the school where I had wanted to work all along.

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Everything was terrific for a couple of years. I created a brand new program that was wildly popular among students and won statewide awards. But my students didn't just get trophies and titles - they found out that they're good at something . that they can achieve excellence.

Toward the end of my second school year, I asked the principal if I'd be hired back the following year. He had always gone out of his way to tell me what a terrific job I was doing, and that day he assured me there was no doubt I'd be back. A month later, I met with him and received another excellent evaluation. But the very next day, I found out I was fired.

Everyone was shocked - other teachers, my students and especially me. It just made no sense that I'd be fired. Within days, my students started circulating petitions asking the school to keep me. More than a quarter of the school's entire student body signed them. No matter what happens, I'll always be grateful for that.

I spent many months looking for another job. I had to take a job as a delivery person, making less than half of what I used to earn. I lost my insurance and feared losing my home. But most of all, my dignity was taken from me. I've always believed that people aren't fired unless they did a bad job - being in that position was humiliating, because I didn't do a bad job.

I know I'm a good teacher. My bosses know it and my students and their parents know it. I've always understood that the bargain here is that I do my job and do it well, and that I keep my private life private. I did that, and it didn't matter. I lost my job anyway.

Read by Pastor J.R. Finney,
Covenant Metropolitan Community Church,
Birmingham


What It Is Like To Be Gay in Alabama
Statement by Ken Baker, Chairperson,
Equality Begins At Home
(Statewide LGBT group in Alabama)

What you have been hearing about is one man's story - but he is not alone.

The ACLU asked me to make a statement about what it is like to be gay in Alabama. Since everyone's experience is different, I have asked many different gay and lesbian people to share their own stories with me.

The following are a few of their experiences which they have given me permission to share with you today:

  • I am in junior high school in north Alabama. I have been harassed and called a faggot by my school coach. Despite testimony from several fellow students, my principal will not do anything because he says there is no proof. My mother will not stand up for me because she is embarrassed to have me as a son.

  • I am in high school in a small Alabama town. I have to deal with obscene gestures from classmates every time I drive through town. I recently wrote an essay on why I should be allowed to take a same sex date to my high school prom. The next day everyone in school knew I was gay. I have had deer urine thrown on me and watched as a fellow student crashed his car into mine over and over again in the parking lot. The teachers and administrators feel that I have brought this on myself.

  • I was in high school but dropped out because I feared for my life. Fellow students tried to run me down with a car as I walked near the school and I have been followed and forced off the road as I drove home from school.

  • I am a college student in Montgomery. I recently told my parents that I am gay. They disowned me and stopped paying for my education. I can go in their home but am not allowed to eat with them or spend the night. They have told my sister that I will not be allowed to participate in her wedding. They say that they are doing this because they are Christians.

  • I was a popular Baptist pastor until a member of my congregation went through my mail and found out that I am gay. The next day, the sheriff arrived at my church-owned home and gave me 24 hours to get out. The next day I was unemployed and homeless.

  • I was the rising star at work, being groomed to take over the company. Suddenly everything I did was wrong. Finally, I was asked to find another job. I had no idea what I had done until one of my former coworkers told me that my employer had been contacted by a policeman who had seen my car parked near a gay club in Montgomery.

  • I was fired from a job as an attorney with a large Birmingham law firm when the partners found out I was gay. I was told that my work was excellent but they did not want me there.

  • I had to leave Alabama, the state I was born and raised in, to be able to advance in my career due to the discrimination I faced here. I work in a state office, all of my co-worker' families are covered by their insurance. I pay an extra $350 per month to cover my family. My partner of many years became very ill several years ago. I was not allowed to see her or participate in decisions about her care. She passed away and her family was able to take our home and most of our possessions because the house was in her name.

  • My partner of 25 years died recently, our children receive no social security benefits from the funds she paid in for many years.
    These are just a few stories, but there are hundreds of thousands of gay citizens in Alabama -- all of them should be able to be open and honest about who they are and all of them deserve the same opportunities as everyone else.




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