Judge declines to
allow publication
of articles about
homosexuality
JULIANA BARBASSA. AP
from mercurynews.com on the Web, May 25, 2005
BAKERSFIELD, Calif. -- A Kern
County judge declined to immediately overrule a high school principal's decision
to censor student newspaper articles on homosexuality, saying the issue deserved
a full review.
"This is an important issue that would require an opportunity to have a full and
complete hearing," Kern County Superior Court Judge Arthur E. Wallace said
Wednesday after denying the plaintiffs' request for an emergency order that
would have allowed the articles to be published in The Kernal's May 27 year-end
issue.
The high school journalists sued the Kern High School District on May 19, after
Principal John Gibson decided they couldn't run a series of five articles
discussing subjects such as gay student's relationship with their parents,
whether homosexuality is biologically determined, and how it felt to come out.
School officials said they simply could not be responsible for helping to incite
violence or harassment by allowing the articles to be published.
"If one of these people is heckled or harassed, that's an unlawful act," said
John Szewczyk, a school district attorney. "Statements have been made that
these students are out, but we have no proof of that."
He also said there were unspecified "incidents" concerning students on campus
that caused school officials concern.
Bakersfield is a conservative community in California's agricultural Central
Valley, but students at East Bakersfield High said they haven't known of any
threats against students who are already open about their sexual orientation,
and whose names and photos are appearing in news articles around the country.
"These people have been out to their school, to the community here in
Bakersfield, and to the state and country now," said Joel Paramo, 18, the
student paper's editor-in-chief. "Do they want to see them hold hands in
public and make out? We could get a lot of people together for a
demonstration of homosexuality, if that's what it takes."
Student reporters also obtained written permission from those they interviewed
and from the parents of those who were minors.
"The students don't have to choose between free expression and their safety.
They have a right both," said attorney Christine Sun, with the American Civil
Liberties Union of SouthernCalifornia, which filed the suit.
She added that school officials have not taken any other measures to protect
these students from perceived threats, such as contacting their parents or
speaking to campus law enforcement.
Earlier this week, Gibson agreed to allow publication of the series if the names
and photos of students involved were withheld. The newspaper staff
rejected the offer.
Students have several options now, ACLU attorneys said. They could file an
emergency appeal of the judge's decision, move forward with the case and seek
another hearing, or accept the school's deal to publish the articles without
names.
Students have not yet reached a decision on what to do, but Paramo said:
"We're definitely try to get these articles out."
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