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Gay Rights: An Ohio Victory, Some Losses

On October 22, a U.S. District Court for the Southern District of Ohio decided that an Ohio school district illegally transferred and later discharged an otherwise qualified bisexual high school guidance counselor. The court stated, "In our public educational system, which should have as one of its highest values the free expression of thoughts and, ideas, there is room for the 'free spirit,' the unconventional person who marches to the beat of "a different drummer"". The court concluded that the personnel decisions of the Mad River Local School District violated the counselor's constitutional rights of equal protection and freedom of speech.

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Marjorie Rowland was suspended from her position as a school guidance counselor, transferred to a position with no student contact, and afterwards discharged following two incidents involving sexual discussions with students at Stebbins High School. In the first incident; Rowland revealed to a school secretary the identity of two homosexual students whom she was counseling. In the second, when conducting a class on "literature and survival" for the school English Department, Rowland, according to witnesses for the school, questioned students on their sexual habits and orientation, revealed to the class that she was bisexual, and related a conversation she'd had with a girlfriend concerning sexual subjects. Rowland claimed her role in the class was to read questions submitted by students and to facilitate classroom discussion and that most of the questions related to sexual subjects.

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Rowland, after being transferred to a nonteaching

position, was informed in May 1975 that her contract would be cancelled for the 1975-76 school year. She filed suit in federal court charging that the school system had illegally discharged her because she was

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Richard Bernst

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bisexual and had announced her bisexuality to others at the school. Although the claim was initially dismissed by a federal district court, the U.S. Court of Appeals sent the case back to the district court for

A Word from What She Wants

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WSW provides an opportunity to act on your politics and, at the same time, to gain concrete, marketable skills. Time commitments vary according

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to the tasks. You can pick one area or try out several, according to your interests and capabilities. We

WSW has a general meeting the week after each month's mailing. It is open to all women who want to evaluate the new issue and brainstorm about news/issues/ideas of concern to women and feminists. This month's meeting is December 17. For more information, call 932-3672, 6-9 p.m., Mon., Wed. and Fri...

welcome you to call 932-3672 (6-9 p.m., Mon, Wed, Fri) for meeting times and places.

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further development of the facts.

A jury found the school district's personnel decisions violated Rowland's constitutional right to equal protection of the law by treating her differently from employees in positions with similar responsibilities and with comparable work records. Despite arguinents by the school board that Rowland's statements on her bisexuality impeded her work and interfered with the regular operation of the school, the jury concluded that the school's actions violated the former counselor's right to freedom of speech. The court further decided that the superintendent of the school district, who enacted the personnel decisions, was acting as an executive official and in a decisionmaking capacity and that the school district, therefore, should be held liable "for whatever damages resulted" from the nonrenewal of Rowland's contract.

Although the jury did not make a determination on whether homosexuality or bisexuality alone impaired the performance of a high school guidance counselor, its verdict would seem to hold that where unconventional behavior "does not interfere with the performance of one's duties or with the operation of the school, the school district and its officials may not take disciplinary [action] against the person exhibiting such behavior".

In other areas of the country, however, gay rights legislation has recently undergone several setbacks on the local level. In New York City, for instance, a gay rights bill was defeated 6-3 by the General Welfare Committee of the New York City Council on November 23 after two days of hearings. The bill has been under consideration for ten years in New York, making it the most controversial and delayed piece of legislation in recent history in that city.

In Washington, D.C., the Moral Majority claimed credit for Congress on October 1 overturning by 281-119 a locally sanctioned ordinance which legal ized most sexual acts between consenting adults and made sexual assault provisions more effective. This is only the second time Congress has overturned a local law, and the first time when that law had no possible federal application.

And in Florida, a law barring aid to any university that gives money, meeting space or recognition to any group advocating "sexual relations between persons not married to each other" was upheld by the state circuit court. The decision will be appealed.

-Material excerpted from BNA Daily Labor Report, No. 218

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