Miami Herald Typepad: Palm Coast, FL – The ACLU of Florida today announced an agreement in negotiations with the Flagler County School District in the case of Luke Herbert, a Flagler Palm Coast High School student who was harassed for being gay by both students and one of his teachers. Herbert, a 15-year-old freshman, had been bullied and threatened by fellow students at school and on Facebook and was physically attacked at school by another student who regularly taunted him with anti-gay slurs. Although Herbert reported several instances of bullying and harassment to school officials, the bullying and harassment got worse. “I reported the bullying to the administration but it never seemed to change anything. I felt alone and it made me stop wanting to go to school,” said Herbert. “My breaking point came when one of my teachers started telling anti-gay jokes and mocking me in front of the entire class.” As a result of being tormented by his peers and teacher, Herbert stopped attending classes and faced the possibility of failing the ninth grade. At that time, the ACLU of Florida intervened on Herbert’s behalf. “What happened to Luke is inexcusable, but unfortunately is an all-too-common occurrence for lesbian, gay, bisexual and transgender students,” said ACLU of Florida LGBT Advocacy Project Attorney Shelbi Day. “Schools have an obligation to ensure that teachers and students understand that bullying and harassment of any student is prohibited and to act swiftly and appropriately to address it when it occurs” (ACLU reaches agreement with Flagler County Schools to address harassment of LGBT students).
Flaglerlive: Jokes about sexual orientation, like bullying over sexual orientation—which has led to a spate of killings in recent months (see the Ellen DeGeneres video below)—have yet to have the same level of inadmissibility as racial discrimination, even in law and regulations: it’s only late last year that the federal government abandoned its discriminatory don’t-ask-don’t-tell rule in the military, and many states, Florida among them, only recently enacted constitutional prohibitions on gay marriage. The state-sanctioned double standards have consequences: Luke’s case is not isolated. “It’s a big problem, really throughout Florida and across the United States,” Day said Thursday evening. “Kids who are bullied and harassed are done so at the highest rate based on sexual orientation, gender identity or physical characteristics.” Media attention over the last eight months or so, resulting from a string of gay teen suicides, has gotten more people’s attention. But, Day said, “it’s tragic that something like a child’s death has to occur before people start paying attention.” Luke’s actions set out other options “so that kids don’t feel so desperate so they turn to something like ending their own life.” Missteps aside, Day said, the school district finally “stepped up in a very meaningful way, we certainly applaud them for the comprehensive action that they’re committed to taking” (Bullying of Gay Student at FPC Leads to Teacher’s Public Apology and Policy Change).
OHRC: “Sexual orientation” is a personal characteristic that forms part of who you are. It covers the range of human sexuality from gay and lesbian, to bisexual and heterosexual orientations. Sexual orientation is different from gender identity, which is protected under the ground of "sex." (SEXUAL ORIENTATION: Your Rights and Responsibilities).
