Legal liability of homsexual education in the public schools

The Legal Liability Associated with Homosexuality Education in Public Schools

by Citizens for Community Values (CCV)

Since the early 1990s, homosexual activist organizations have been working for greater access to public schools with the stated purpose of making them a “safer” place for young people who have become involved in homosexual behavior.

One of the most active organizations on school campuses, the Gay Lesbian and Straight Education Network (GLSEN), insists that self-identified homosexual students are regularly harassed, threatened and abused, creating an environment in which they cannot learn. Also promoting this idea is Parents, Families and Friends of Lesbians and Gays (PFLAG), which is gaining a significant presence in many schools across the country. Other organizations exist solely at the local level and may or may not be affiliated with the largest of these national groups.

According to GLSEN and PFLAG, the reason schools are not safe for students involved in such behavior is the ignorance, prejudice and hatred of heterosexual classmates. They claim the only answer, then, is to teach everyone in the K-12 school system – administrators, teachers, and students – that homosexual behavior is normal, healthy, and natural. They believe this will stop so-called prejudice against homosexuality before it begins and will produce respect for, and encourage tolerance of, the perceived diversity that exists among the public school population.

How They Frame the (Non) Issue

GLSEN’s Executive Director Kevin Jennings revealed in a speech in 1995 how he used “safety” to delude the Massachusetts legislature into adopting the pro-homosexual agenda for the schools in their state. The speech, “Winning the Culture War,” was given at a conference on March 5, 1995. Notice the “safety” Trojan horse:

In Massachusetts, the effective reframing of this issue was the key to the success of the Governor’s Commission on Gay and Lesbian Youth. We immediately seized upon the opponent’s calling card – safety – and explained how homophobia represents a threat to students’ safety by creating a climate where violence, name-calling, health problems, and suicide are common. Titling our report ‘Making Schools Safe for Gay and Lesbian Youth,’ we automatically threw our opponents onto the defensive and stole their best line of attack. This framing short-circuited their arguments and left them back-pedaling from day one. 1

Safety? Or Sex?

What is becoming increasingly clear, however, is that despite claims to the contrary, the “safe school” message of these organizations is nothing more than a deceptive ploy designed to preach safety but actually encourage sexual activities that are quite unsafe.

Exposure to and experimentation with homosexual behavior carries serious risks that school officials should be aware of in order to protect students. There is concern that by allowing access by homosexual activist organizations, and by establishing policies that have the effect of normalizing homosexual behavior, schools may have become responsible for physical and emotional harm to the students entrusted to their care.

In addition, because homosexual behavior has been proven to contribute to many harmful consequences for those who engage in it, school officials should be aware that it is possible that a legal liability exists for the tort of negligence if it is proven that homosexual activist organizations were granted access to students under the school’s responsibility and that students subsequently suffered physical or mental harm.

Liability for the tort of negligence generally rests on four elements:

1. A duty or obligation to protect another from unreasonable risk;
2. A failure to observe that duty;
3. A causal connection between the failure and the alleged injury; and
4. Actual loss or damage that resulted.

The purpose of this document is to inform school officials of those serious physical and mental health risks so that they might be able to fulfill their duty to protect the students in their schools and thus avoid a lawsuit related to the following elements, as well as other areas of constitutional law.

For an assessment of the risks and liabilities associated with policies and programs that normalize homosexual behavior in public schools, be sure to visit the Citizens for Community Values Web site.

The website will also have the below valuable information and resources:

• letters to school officials
• Press Releases
• State-by-State reports
• sources for Parents
• Sample opt-out cover letter for parents
• Student opt-out notice
• Checklist for assessing your school's risk for encouraging homosexuality