A PUBLICATION OF THE NEW JERSEY STATE BAR FOUNDATION SPRING 2011 • VOL. 10, NO. 3 A NEWSLETTER ABOUT LAW AND DIVERSITY An Uphill Battle in the Fight Against Anti-Gay Bullying by Jodi L. Miller Imagine going to school every morning just Nationwide Children’s Hospital, told Science Daily. hoping that you will get through the day without “Parents should also take time to communicate with being taunted or physically hurt. That is the their children about sensitive topics such as sexuality, reality for many students across the country and peer relations and violence,” Berlan said. particularly vulnerable are those students who are Despite this research, a GLSEN study done in gay or perceived as gay. collaboration with the National Association of Secondary According to statistics from the Gay, Lesbian School Principals found that while half of the principals and Straight Network (GLSEN), a national education surveyed viewed bullying as a serious problem in organization focused on ensuring safe schools for all schools, they underestimated the harassment of LGBT students, five percent of American high school students students. The study, which surveyed more than 1,500 identify themselves as lesbian or gay. Roughly, that principals, revealed that 92 >continued on page 2 statistic equates to at least one lesbian or gay student per classroom nationwide. A GLSEN survey of middle and high school students showed that nearly Still Fighting for Integration More nine out of 10 lesbian, gay, bisexual and transgender (LGBT) students experienced Than 55 Years After Brown some form of harassment at school by Cheryl Baisden and nearly one-third of LGBT students In 1954, the U.S. Supreme Court set the stage for skipped school at least once in the past educational equality, regardless of race, in Brown v. Board of month because of a fear for their safety. Education of Topeka, ruling that segregated public schools A study conducted by doctors at Ohio’s are “inherently unequal,” and that denying minority students Nationwide Children’s Hospital and the right to attend public schools with white students is a published in the Journal of Adolescent violation of the 14th Amendment to the U.S. Constitution. Health found that LGBT teens are bullied The Court’s ruling called for desegregation to proceed “with two to three times more than their all deliberate speed,” but integrating the nation’s schools straight counterparts. remains an ongoing process more than half a century later. “There is a need for health care According to the Justice Department, in 2010 there were 201 professionals, and others who work with open desegregation cases in the courts, most dating from the children, to be aware that sexual minority time of the Civil Rights Movement and most concentrated in the youth are more likely to be victims of southern states. A report released in June of last year indicated bullying and other forms of violence,” that some level of school segregation continues to exist Elise Berlan, lead author of the study throughout the U.S. more than 55 years after Brown was decided, and a doctor of adolescent medicine at and a 2007 U.S. Supreme Court ruling >continued on page 6 Uphill Battle continued from page 1< percent of respondents reported that students in This publication was made identified the stigma of being gay and possible through funding from their schools were harassed due to their actual or discrimination, including rejection or abuse at the IOLTA Fund of the Bar perceived sexual orientation; however, only nine the hands of family members or peers and of New Jersey. percent viewed this occurrence to be frequent. condemnation from religious communities, Angela C. Scheck as key factors in the higher rates of suicide Executive Editor Punishing LGBT teens attempts among LGBT adolescents. The report, Jodi L. Miller It seems that LGBT students are not only Editor titled Suicide and Suicide Risk in Lesbian, Gay, more likely to be bullied, they are more likely Bisexual and Transgender Populations: Review Editorial Advisory Board to be punished as well, according to a Yale and Recommendations, also revealed evidence Louis H. Miron, Esq. University study published in the Journal of that “discriminatory laws and public policies have Chair Pediatrics. The study, released in December a profound negative impact on the mental health Mary M. Ace, LCSW 2010, revealed that LGBT teens were 40 percent of gay adults.” Gwendolyn Yvonne Alexis, Esq. more likely than straight teens to be punished for James J. Gerrow Jr., Esq. Stan Davis, who has been working the same behavior whether in school, by police or Desha L. Jackson, Esq. with children and families for Lisa H. James-Beavers, Esq. in the court system. decades as a social worker, Ronald G. Lieberman, Esq. “The most striking difference was school counselor and most Margaret Leggett Tarver, Esq. for lesbian and bisexual girls,” Kathryn recently as a bullying prevention Dr. Paul Winkler Himmelstein, lead author expert, noted that LGBT youth New Jersey State Bar of the study, told The are more likely to consider suicide Foundation Board of Trustees Washington Post. “They because of the way they Richard J. Badolato, Esq. were two to three times are treated by today’s President as likely as girls with society. Stuart M. Lederman, Esq. similar behavior to be First Vice President “Youth who are excluded punished.” Louis H. Miron, Esq. socially, who are in groups who Stacey Horn, Second Vice President are likely to be mistreated or associate professor of Steven M. Richman, Esq. excluded, who have little Treasurer educational psychology at other support in their Patrick C. Dunican Jr., Esq. the University of Illinois, lives, and who have Secretary likened the findings to other vulnerabilities are racial disparities in criminal more likely to consider Trustees sentencing and told The suicide than youth with Gwendolyn Yvonne Alexis, Esq. Washington Post, “To William G. Brigiani, Esq. strong support systems,” me, it is saying there Paulette Brown, Esq. Davis said. “Being LGBT does not Paris P. Eliades, Esq. is some kind of internal make a person more vulnerable to suicide. Being Allen A. Etish, Esq. bias that adults are not excluded and devalued by others does.” Susan A. Feeney, Esq. aware of that is impacting the punishment of this Whether you are straight or gay, there are Norberto A. Garcia, Esq. group.” Hon. C. Judson Hamlin many organizations that can help those who Ralph J. Lamparello, Esq. feel that they may want to hurt themselves, LGBT teens and suicide Kevin P. McCann, Esq. including the National Suicide Prevention Lifeline Suicides due to relentless bullying, which has Jeffrey J. McWeeney, Esq. (suicidepreventionlifeline.org, 800-273-TALK Carole B. Moore coined the term bullycide, have made headlines [8255]), a 24-hour suicide prevention hotline; Julien X. Neals, Esq. across the country. Many of these bullycides and the Trevor Project (thetrevorproject.org, Lynn Fontaine Newsome, Esq. have been a result of anti-gay bullying. Research Richard H. Steen, Esq. 866 4U TREVOR [866-488-7386]), a 24-hour has shown that LGBT students are more likely Robert J. Stickles, Esq. national help line for gay and questioning teens. to suffer from depression and have suicidal Margaret Leggett Tarver, Esq. Miles S. Winder III, Esq. thoughts. Teaching tolerance early An American Foundation for Suicide According to Dr. Paula Rodríguez Rust, an ©2011 New Jersey State Bar Foundation Prevention report released in January 2011 educational consultant on bullying prevention and >2 diversity awareness, anti-gay bias must at your school started saying, “Oh, that’s against Germans? The fact that they don’t be addressed in early grades. A survey so German” whenever they disliked think they are insulting Germans by saying that Dr. Rust conducted of seventh and something. it almost makes it even more of an insult.” eighth-graders at a New Jersey middle “I find that, even though the people school revealed that more than 20 percent saying it don’t intend to offend Germans, What’s the agenda? of the students reported hearing negative and claim that they are ‘not talking about While many see the tolerance that comments regarding LGBT people on Germans’ when they say it, it still sounds Dr. Rust and others are trying to teach a daily basis, including outright insults, offensive,” Dr. Rust said. “Why would as laudable, others see it as promoting a stereotypes and derogatory remarks. they be using the word ‘German’ in this homosexual agenda under the guise of In addition, the students that Dr. Rust way if there weren’t some underlying bias combatting bullying. >continued on page 8 surveyed also reported hearing on a daily basis, “negative comments about boys who are not masculine enough or about females who are not feminine enough.” People Who Know Say “It Gets Better” One phrase that Dr. Rust targets in If you or someone you know is being bullied for any reason, it may be hard to her work is “that’s so gay.” The phrase imagine a happier time. But it is important for you to know that there are millions of has become part of everyday language in people who are on your side. And it gets better. schools and is used to describe something This message is at the heart of a worldwide campaign that began last September that is bad, uncool, undesirable or poor. on YouTube known as the “It Gets Better Project.” The campaign began with a single Most people don’t think about what YouTube video created by syndicated columnist and author Dan Savage and his partner the phrase really means, Dr. Rust said, in response to a string of bullying-related suicides.