Parents challenge school in court

March 1, 2007

BY LISA LEFF

ASSOCIATED PRESS

SANTA ROSA, Calif. -- 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 across 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 Maria Carillo High in Santa Rosa violated their daughter's First Amendment rights when they disciplined her for uttering a phrase that "enjoys widespread currency in youth culture," according to court documents.

Testifying last week about the 2002 incident, Rice, 18, said that when she uttered those words, she was not referring to anyone's sexual orientation. She said the phrase meant: "That's so stupid; that's so silly; that's so dumb."

But school officials say they took a strict stand against the put-down after two boys were paid to beat up a gay student the year before.

"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 nonjury trial after final written arguments are submitted in April. Her gag order prevents the two sides from discussing the case.

What's OK and what's not

In recent years, gay-rights advocates and educators have tried to teach students that it is hurtful to use the word "gay" as an all-purpose term for something disagreeable.

Eliza Byard, deputy executive director of the New York-based Gay, Lesbian and Straight Education Network, said nearly nine of 10 gay students her organization surveyed in 2005 reported hearing "That's so gay" or "You're so gay" frequently.

"It bothers them a lot," Byard said. "As odd or funny as the phrase sounds, imagine what it feels like to be in a setting where you consistently hear it used to describe something undesirable or stupid, and it also refers to you."

Rice's parents, Elden and Katherine Rice, also claim the public high school employed a double standard because, they say, administrators never sought to shield Rebekah from teasing based on Mormon stereotypes.