LITIGATION: A gay teen's suit against the Banning school district brings praise and criticism.

12/19/2002

By SHARYN OBSATZ and STEVE MOORE THE PRESS-ENTERPRISE

BANNING - Ashly Massey feels more confident but not yet ready to return to school.

The 15-year-old came out as a lesbian this week in newspapers and on television, accusing the Banning middle school she formerly attended of discrimination. She alleged that a teacher found out about her sexual orientation, kicked her out of gym class and made her sit in the principal's office during gym period for a week and a half in March.

The American Civil Liberties Union and the National Center for Lesbian Rights filed suit Tuesday, alleging that the staff at Susan B. Coombs Middle School in Banning had violated Ashly's right to equal access to public education.

Ashly's stand won praise from former classmates and gay advocacy organizations. But it was criticized by some people concerned about gay students in same-sex locker rooms.

Her case has stirred national debate about how public schools deal with gay and lesbian students, particularly in the locker room.

"I'm getting support from all my friends and family," Ashly said Wednesday, still uncertain of the students' reaction at Beaumont High School, where she started earlier in the fall. She took the week off to handle a flood of publicity and emotions.

"I'm kind of going to watch my back before I step back," she said.

Her lawsuit partly relies on a 2000 state law that had been backed by Inland Democratic state legislators but opposed by local Republican lawmakers.

Reaction

Randy Patterson, president of Banning's school board, declined comment Wednesday. Principal Manuel Peredia, gym teacher Karen Gill and Superintendent Kathleen McNamara could not be reached for comment.

Many students and parents at Coombs Middle School said they view Ashly as a victim of discrimination.

"I think the teacher did wrong by segregating her," said Paul Rodriguez, a parent waiting to pick up his son.

Eighth-grader Veronnies Marler said she and Ashly were friends last year. They used to go out to eat and to the movies.

Other students weren't always kind, Veronnies said.

"They used to make fun of her in the locker room," Veronnies said.

Veronnies and several other female students said they see no problem with having a lesbian classmate in the locker room.

"As long as they didn't try to come on to me," Veronnies said.

Concerns

Several Inland residents compared having a gay or lesbian student in the locker room to allowing a boy in the locker room with girls.

"Those other girls have the right to dress in privacy without being viewed by someone who might be looking at them with sexual thoughts," said Carole Schiessel of Riverside.

Schiessel, 53, said a solution might be separate, individual locker rooms, like the ones offered at the Anaheim school she attended 35 years ago.

Ashly's gym teacher, after overhearing that Ashly was a lesbian, called her mother to say other girls felt uncomfortable with Ashly in the locker room, according to the lawsuit.

"It was really none of her business," Ashly said Wednesday. "They told me they didn't care."

Ashly and her family later moved to neighboring Beaumont for unrelated reasons.

Inland gay students say much depends on the attitudes of school staff.

Cathedral City High School senior Ezequiel Quevedo said teachers would protest if a similar case happened at his school.

"More of the fear comes from the gym teacher herself than what the students may feel," the student said.

Legal changes

In 2000, the California Student Safety and Violence Prevention Act expanded public school anti-discrimination statutes to prohibit discrimination based on sexual orientation.

The Gay-Straight Alliance Network used the act to force a settlement in August with the Visalia Unified School District over allegations that the school staff had condoned harassment of gay and lesbian students.

Inland Republicans in the Assembly and state Senate had voted against expanding the statutes to include sexual orientation.

"I don't think there ought to be any great and grand legal protections based on what you're doing in the bedroom," said Assemblyman Ray Haynes, R-Murrieta.

Haynes, a state senator at the time, voted against the act. He said his office received 10 letters supporting the act and 600 opposing it.

The gym teacher should have handled the case differently, Haynes said, but a lawsuit is not the way to solve the problem.

Assemblyman John Longville, D-San Bernardino, said the Banning case reminds him why he voted for the 2000 law.

A well-trained teacher would have helped students overcome their biases instead of excluding the lesbian student, he said.

Accommodating prejudice leads to segregation, be it racial or otherwise, Longville said.

"That's a solution that comes straight out of Jim Crow."

Reach Sharyn Obsatz at (909) 368-9458 or sobsatz@pe.com

Reach Steve Moore at (909) 849-4533 or stevemoore@pe.com

State Rules

The California Student Safety and Violence Prevention Act:

* Expands the state anti-discrimination statute for public schools, colleges and universities by prohibiting discrimination based on sexual orientation.

* Took effect in 2000.


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