PERSPECTIVE
by Ed Madden, Columbia, S.C.
S.C. House: Some teens are more equal than others
We are all equal, but some of us are more
equal than others.
That’s the fundamental assertion of
inequality at the heart of that classic novel
“Animal Farm,” by George Orwell. “All animals
are equal,” the pigs declare, “but some animals
are more equal than others.” So the pigs, who
control the government, proclaim the equality
of all citizens. At the same time they explicitly
recognize — and create policies that support
— the power and privilege of one particular
group of animals (the pigs themselves).
\^en 1 was growing up, “Animal Farm”
was one of those standard texts all high school
students had to read. Perhaps it still is.
But the South Carolina House of
Representatives has decided to offer a more
direct lesson in inequality for South Carolina
teenagers.
House Bill 3543 proclaims that “all stu
dents have a right to work and study in a safe,
supportive environment that is free from
harassment, intimidation, and violence.” The
bill is intended to help schools prevent dating
violence among teenagers and to craft appro
priate policies to address such violence.
Rep. Greg Delleney (R-Chester) proposed
an amendment that excludes gay and lesbian
students from the bill’s prevention efforts. The
original bill defined “dating partner” as a per
son, regardless of gender, involved in an inti
mate relationship. The new language in the
amended bill now defines “dating partner” as
“a person involved in a heterosexual dating
relationship with another.”
The gender-neutral language of the origi
nal bill would have allowed schools to address
dating violence as violence, in whatever way
seemed appropriate. In fact, sexuahty would
have only been addressed, I imagine, where it
was specifically part of the context.
Now, however, sexuality is the issue.
Straight teens are targeted with education,
policies, and prevention, and gay and lesbian
teens are explicitly excluded from the same
education, poficies and prevention.
All teens deserve a safe and supportive
environment, the bill begins, but oidy if they
are in heterosexual relationships.
Rep. Joan Brady (R-Richland), the bill’s
primary sponsor, said she agreed with the
amendment, since “most” dating violence
occurs in girl-boy relationships.
The Department of Justice in 2000 report
ed that rates of intimate partner violence are
lower in the Asian-American community than
among White, African-American, Hispanic,
Native American, or mixed race people. Would
Rep. Brady be okay with excluding Asian-
American teenagers from violence prevention,
since statistics suggest that “most” dating vio
lence occurs in other races?
If this bill passes, will each House member
who supported the amendment be individual
ly liable for the failure to provide equal protec
tion to gay and lesbian students?
Title IX of the 1964 Civil Rights
Act was modified in 1997 as a
result of the 1996 federal court
decision Nabozny v. Podlesny.
The decision held a school
liable for the failure to address
the ongoing harassment and
physical abuse of a gay teenager
at school. Schools are required
by federal law to provide equal
protection to lesbian, gay, bisexual and
transgender students. The judgment against
the school for failing to provide equal protec
tion for Jamie Nabozny was just under a mil
lion dollars. School administrators were held
individually liable.
If a gay or lesbian teen suffers, because the
policies created by this bill fail to address his
or her relationship — because the teen is
explicitly excluded — can Rep. Delleney be
held personally and financially liable?
Ray Drew, the executive director of South
Carolina Equality, said, “Gay and lesbian teens
experience dating violence, just like every
other teen in the state,” but he added that their
needs are often more serious because they
don’t feel they can talk to parents, teachers.
counselors, or other adults about being gay.
This bill now makes that even more difficult.
The educational message of the General
Assembly is all too clear: all students
deserve safety from violence, but only
heterosexual students should be
included in policies addressing
such violence. That is, all stu
dents deserve a safe school envi
ronment but some deserve it
more than others. One group of
students is more important than
others. If you’re a gay or lesbian
kid, your relationship doesn’t matter.
You don’t count.
According to Greg Delleney and the
General Assembly — like the pigs in “Animal
Farm” — all of us are equal, but some are
more equal than others. I
— Ed Madden is president of SC Equality,
a statewide organization devoted to advancing
civil and human rights for gay, lesbian,
bisexual and transgender South Carolinians.
Madden is abo the undergraduate director
of Women’s and Gender Studies at the
University of South Carolina.
Q-Hotes strives to provide the Carolinas LGBT
community with an open forum for discussion and
commentary. The views of guest commentators do
not necessarily represent the offidal views or
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