Court To Rule If "That's So Gay" Constitutes Hate Speech

Well I'm glad to know they've settled every other important aspect of the law, and now they're moving on to third- or fourth-order considerations.

When a few classmates razzed Rebekah Rice about her Mormon upbringing with questions such as, "Do you have 10 moms?" she shot back: "That's so gay."

Those three words landed the high school freshman in the principal's office and resulted in a lawsuit that raises this question: When do playground insults used every day all over America cross the line into hate speech that must be stamped out?

After Rice got a warning and a notation in her file, her parents sued, claiming officials at Santa Rosa's Maria Carillo High violated their daughter's First Amendment rights when they disciplined her for uttering a phrase "which enjoys widespread currency in youth culture," according to court documents.

...

"The district has a statutory duty to protect gay students from harassment," the district's lawyers argued in a legal brief. "In furtherance of this goal, prohibition of the phrase 'That's so gay' ... was a reasonable regulation."

Superior Court Judge Elaine Rushing plans to issue a ruling in the non-jury trial after final written arguments are submitted in April. Her gag order prevents the two sides from discussing the case.

...

In recent years, gay rights advocates and educators have tried teaching students that it is hurtful to use the word "gay" as an all-purpose term for something disagreeable. At Berkeley High School, a gay student club passed out buttons with the words "That's so gay" crossed out to get their classmates to stop using them.

Note that there was no suspension, apparently, for razzing a Mormon kid about having "ten moms."

Gays are the new blacks? Hah. Blacks could only dream of having this kind of PR machine in their corner.

posted by Ace at 05:00 PM

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