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IN COURT Peggy Burton Files Appeal
SAN FRANCISCO, CA-After more than two years and two negative court decisions, Peggy Burton, fired by an Oregon school district for being gay, still wants her job back.
A dissenting opinion to the latest court ruling-and plans for further legal action-leave some hope for Burton and for other gay teachers who may find themselves in the same situation.
A three-judge panel of the Ninth Circuit Court of Appeals recently upheld a lower court's decision, saying that Burton is entitled to damages but not reinstatement. Justice C. J. Lumbard, however, dissented from the majority opinion, arguing that reinstatement is the only appropriate remedy for removal from a job in violation of the Constitution.
Now Burton and her attorney, Charles Hinkle of Portland, have petitioned for a rehearing by the same court, this time with all 12 of the court's judges hearing the
case.
"There are so many errors in the opinion that we think it should be reversed," said Hinkle, an attorney for the American Civil Liberties Union.
The Appeals court here said the "immorality" statute under which Burton was dismissed is "unconstitutionally vague," but "we cannot say that an award limited to monetary damages was inadequate for a wrongful dismis-
sal... of a nontenured teacher."
Hinkle said the word "nontenured" is a key word in his hopes for a reversal.
"She wasn't a probationary teacher," he said. "She had no tenure because, in this kind of school district, the teachers do not have tenure. They have either oneyear or three-year contracts." Burton was on her second one-year contract.
Hinkle also considers the court to have erred in saying there was antagonism in the school district against his client. He said there is no record of such antagonism.
Challenge Sodomy Laws
LOUISVILLE, KY-Three women here have decided that Kentucky's new penal code, complete with sodomy prohibitions, reads too much like an old penal code.
The women, Judith Dukes, Peggy Wall and Patricia Litwin, members of the legal committee of the local chapter of the National Organization for Women (NOW), have filed suit challenging the constitutionality of the portion of the code that prohibits sodomy between consenting adults. They have charged that the statute violates their privacy in "interpersonal and consensual relationships."
While they filed their suit in U.S. District Court, about 40 demonstrators marched outside the building, carrying signs that called for "Sexual Freedom Now."
Under the new code, which became law early this year, sodomy is a misdemeanor punishable by up. to a year in prison.
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