Last week in LGBTQ+ rights: ‘Rainbowland' teacher sues, forced outing policy blocked
Melissa Tempel slapped her old school district with a lawsuit after it fired her for criticizing its ban of a song with inclusive themes.
This series is a weekly roundup of LGBTQ-related news, covering various laws and bans, as well as efforts to push back against them.
‘Rainbowland’ teacher sues Wisconsin school district
Melissa Tempel, the Wisconsin teacher who was terminated after she criticized her principal’s decision to ban the Miley Cyrus and Dolly Parton song “Rainbowland” from an elementary school concert, has sued her old school district.
Tempel filed the lawsuit against the School District of Waukesha in federal court Sept. 5, alleging the district had violated her first amendment rights when it placed her on leave and later fired her over a tweet she wrote on her personal time. The tweet should have been protected speech, the lawsuit says.
“My first graders were so excited to sing Rainbowland for our spring concert but it has been vetoed by our administration. When will it end?” reads the tweet from Tempel, which she posted March 21.
As the lawsuit describes, the last sentence of her tweet refers to a larger pattern of politicization allegedly taking place on the Waukesha school board.
In 2021, the Waukesha School District passed a “Controversial Issues in the Classroom Policy,” which it said would ban LGBTQ+ pride flags, Black Lives Matter flags, and more, the lawsuit says.
While the district’s superintendent, James Serbert, announced in August 2021 that the policy would also ban Blue Lives Matter and Thin Blue Line flags and signs, the district did not apply the policy equitably, the lawsuit alleges: Gay-Straight Alliance locker signs were banned, but Students for Life and Thin Blue Line signs remained.
The district also used the policy to justify the ban of “Rainbowland,” which has inclusive themes.
Tempel’s lawsuit seeks reinstatement and compensation for damages.
The lawsuit also names Serbert personally as a defendant.
California school board’s forced outing policy blocked
Six school boards in California have passed policies in recent weeks requiring educators to out trans and gender-nonconforming students to their parents. Anti-LGBTQ school boards also experienced a major setback, however.
With a school board vote on Sept. 8, the Orange Unified School District became the latest district in the state to enact a forced outing policy.
However, the legality of such policies appeared to be up in the air already with San Bernardino County Superior Court Judge Thomas Garza’s Sept. 6 decision to impose a temporary restraining order blocking the Chino Valley Unified School District from enforcing its own.
California Attorney General Rob Bonta’s office sued Chino Valley at the end of August over the policy, alleging it infringes on state protections of students rights and puts transgender and gender-nonconforming students at risk of immediate harm.
“While this fight is far from over, today’s ruling takes a significant step towards ensuring the physical, mental, and emotional well-being of transgender and gender-nonconforming students,” Bonta said in a press release the day of Garza’s decision. “As we continue challenging the policy in court, my office will continue providing our unwavering support to ensure every student has the right to learn and thrive in a school environment that promotes safety, privacy, and inclusivity.”
The Chino school board was the first in California to pass such a policy. The subsequent policies passed in other school districts in the state are identical to the one in Chino.
A hearing on whether to grant a preliminary injunction against Chino’s enforcement of the policy — which would halt enforcement for longer — is set for Oct. 13.
Florida city declares itself haven for LGBTQ+ community
A South Florida city has declared itself a “safe and welcoming haven for the LGBTQIA+ community” amid escalating legal attacks on gay and transgender people both within the state and across the country.
The city commission of Lake Worth Beach, which is in Palm Beach County, voted unanimously in support of a resolution containing the declaration on Sept. 5, NBC affiliate WPTV reported.
“I think it’s time to take a stand that we affirmatively accept the people as they are,” said the city’s mayor, Betty Resch.
The resolution notes that state and local governments have “already introduced over 600 hateful laws targeting the LGBTQIA+ community.”
“We will continue to celebrate the generations of LGBTQIA+ people, who have fought bravely to live openly and authentically,” the staff report on the resolution says. “The City will also continue to support the generational work to ensure that everyone enjoys the full promise of equity, dignity, protection, and freedom.”
Florida Gov. Ron DeSantis’ administration has garnered national attention for policies targeting LGBTQ+ people.
DeSantis signed Florida’s “Don’t Say Gay” law restricting discussion of gender and sexuality in schools in March 2022. The law originally only applied to classes in kindergarten through third grade, but the state Board of Education voted in April to expand the restrictions through 12th grade unless expressly required by state law. DeSantis signed separate legislation banning gender and sexuality discussion through eighth grade in May.
DeSantis has also signed legislation banning some drag shows and making it extremely difficult for trans adults to access gender-affirming care.
Canada issues travel advisory for LGBTQ travelers to the U.S.
The Canadian government has issued a travel advisory for LGBTQ+ citizens seeking to travel to the United States.
The Canadian foreign affairs ministry, Global Affairs Canada, issued the advisory Aug. 30, adding it to its list of notices for travelers to the United States about issues such as crime and terrorism.
“Some states have enacted laws and policies that may affect 2SLGBTQI+ persons,” the advisory reads. “Check relevant state and local laws.”
The advisory doesn’t mention specific states, but it comes as many state and local governments continue to enact and enforce laws banning drag, gender-affirming care and other measures affecting the LGBTQ+ population.
Published with permission of The American Independent Foundation.
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