Gay-unfriendly student wins speech case

In a teacher-initiated discussion on anti-gay bullying, a Michigan high school student said he “couldn’t accept gays” because of his Catholic faith. The economics teacher equated the statement to saying he “couldn’t accept blacks” and kicked him out of class, writing up a referral for “unacceptable behavior.”

In a June 19 ruling in Glowacki v. Howell Public School District, a federal district judge ruled that the teacher violated the student’s right to free expression, reports Ed Week.

U.S. District Judge Patrick J. Duggan of Detroit awarded damages of $1 to Daniel Glowacki, who was a junior at Howell High School in the fall of 2010.  Howell Public School District, which took no action against the student and reprimanded the teacher, was not liable, the judge ruled.

“Public schools must strive to provide a safe atmosphere conducive to learning for all students while fostering an environment that tolerates the expression of different viewpoints, even if unpopular, so as to equip students with the tools necessary for participation in a democratic society,” Judge Duggan said.

Glowacki did not disrupt the class, the judge ruled. McDowell engaged in viewpoint discrimination.

When asked about the move by the remaining students, McDowell said a student could not voice an opinion that “creates an uncomfortable learning environment for another student,” according to court papers.

Imagine how lively class discussion would be if no student was allowed to make another student feel uncomfortable.

Glowacki transferred to another economics class.

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