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  #1  
Old 03-01-2007, 03:24 PM
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That’s so gay’ prompts a lawsuit
Student sent to principal’s office insists it was not a homophobic putdown
Feb 28, 2007
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 all over 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 Santa Rosa's Maria Carillo High violated their daughter's First Amendment rights when they disciplined her for uttering a phrase "which enjoys widespread currency in youth culture," according to court documents.

Testifying last week about the 2002 incident, Rice, now 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 putdown 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 non-jury trial after final written arguments are submitted in April. Her gag order prevents the two sides from discussing the case.

A confusing set of terms
Derogatory terms for homosexuality have long been used as insults. But the landscape has become confusing in recent years as minority groups have tried to reclaim terms like "queer," "ghetto" and the n-word.

In recent years, gay rights advocates and educators have tried teaching students that it is hurtful to use the word "gay" as an all-purpose term for something disagreeable. At Berkeley High School, a gay student club passed out buttons with the words "That's so gay" crossed out to get their classmates to stop using them.

Rick Ayers, a retired teacher who helped compile and publish the "Berkeley High School Slang Dictionary," a compendium of trendy teen talk circa 2001, said educating students about offensive language is preferable to policing their speech.


"I wouldn't be surprised if this girl didn't even know the origin of that term," he said. "The kids who get caught saying it will claim it's been decontextualized, but others will say, `No, you know what that means.' It's quite talked about."

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.

Daughter singled out, parents say
In addition, the Rices say their daughter was singled out because of the family's conservative views on sexuality. They are seeking unspecified damages and want the disciplinary notation expunged from Rebekah's school record.

Eliza Byard, deputy executive director of the New York-based Gay, Lesbian and Straight Education Network, said nearly nine out 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."

She said it is OK to discipline students for using the phrase after efforts have been made to educate them.

"The job of a school is to deal proactively and consistently with all forms of bullying, name-calling and harassment," she said.

Jordan Lorence, an attorney with the Alliance Defense Fund, a Christian legal organization, agreed "That's so gay" carries a negative meaning and said he would not want his children to say it. But he said formal discipline is not the answer.

"Reasonable people should say, `Let's put a stop to this kind of search-and-destroy mission by school officials for everything that is politically incorrect,'" he said.
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  #2  
Old 03-01-2007, 03:29 PM
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Good for the school for trying to put a stop to it. I can't stand it when people use phrases like "That's so gay" or "That's so retarded." Those same people would be appalled, hopefully at least, to hear things like "That's so black", "That's so Jewish", "That's so *insert minority here*" tossed around.
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Old 03-01-2007, 03:31 PM
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I love how they can type out words and phrases that are downgrading to homosexuals, but when it comes to the word "nigger", they put "n-word".
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Old 03-01-2007, 03:32 PM
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I hate how everybody in America is scared of being offended.

We need to institute an "IN YOUR FACE, PANSY" day.. like casual Friday, where people say whatever they want without worrying that it hurts someone else's "feelings". This walking-on-eggshells, god-forbid-i-offend-someone, careful-what-you-say-all-the-time **** is for the birds, man.

Is it rude to say gay, retard, nigger, jew..blahblahblah? Yeah. Is it a CRIME? Hell no, and rightfully so. The reality is that we're getting closer and closer to losing our free speech rights every time people whine about being offended.
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Old 03-01-2007, 03:34 PM
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I think we, as a nation, are getting too politically correct. Everyone's feelings get too hurt too quickly. I say "that's gay" 5 times a day, and I have no ill feelings against homosexual people.... it's just a figure of speech.
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Old 03-01-2007, 03:34 PM
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This brings to mind an episode of Everybody Loves Raymond, where they keep telling Amy(Robert's wife) that she's "queer". I was very surprised that they used that word, without ruffling someone's overly-sensitive feathers.
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Old 03-01-2007, 03:35 PM
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I use that phrase, but not to describe something as dumb or idiotic. I use it literally, like saying Bravo is the gayest network on TV. Truly, it is.

I do say "that's so retarded" a lot, but again I mean it in the literal sense. "Retarded, mentally deficient, and nonsensica"l fit together a lot better then "dumb, stupid, and gay".
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Old 03-01-2007, 03:35 PM
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Quote:
Originally Posted by Sarah View Post
I hate how everybody in America is scared of being offended.

We need to institute an "IN YOUR FACE, PANSY" day.. like casual Friday, where people say whatever they want without worrying that it hurts someone else's "feelings". This walking-on-eggshells, god-forbid-i-offend-someone, careful-what-you-say-all-the-time **** is for the birds, man.

Is it rude to say gay, retard, nigger, jew..blahblahblah? Yeah. Is it a CRIME? Hell no, and rightfully so. The reality is that we're getting closer and closer to losing our free speech rights every time people whine about being offended.
I agree. Suck it up people. So, black people call me a cracker. I really don't give a damn.
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Old 03-01-2007, 03:38 PM
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Originally Posted by mikeschmike View Post
I do say "that's so retarded" a lot, but again I mean it in the literal sense. "Retarded, mentally deficient, and nonsensica"l fit together a lot better then "dumb, stupid, and gay".
Same difference as saying something is gay. But the ACLU and schools aren't having a fit to make the kids stop saying that. I say that's retarded a lot also, and I have a family member with autism. I don't have anything against him, it's used as a figure of speech.
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Old 03-01-2007, 03:42 PM
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While I do think there are times when we are too politically correct (sometimes a joke IS just a joke, people), given the unbridled amount of prejudice and discrimination in this country, there should be lines drawn as to what is socially acceptable and what isn't.

No, it shouldn't be a crime to say those things, but what does it hurt to be mindful of other people's feelings? I always have to wonder how callous and miserable someone has to be in their own life, to not care about others.
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Old 03-01-2007, 03:46 PM
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Quote:
Originally Posted by LikeAWillow View Post
Good for the school for trying to put a stop to it. I can't stand it when people use phrases like "That's so gay" or "That's so retarded." Those same people would be appalled, hopefully at least, to hear things like "That's so black", "That's so Jewish", "That's so *insert minority here*" tossed around.
My sister uses this exact argument with her kids (she teaches sixth grade) in trying to get them to stop using the term "it's so gay" Because they do...all. the. time.
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Old 03-01-2007, 03:50 PM
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I stopped saying "that's retarded" when I worked with retarded kids. Now it's creeping back into my dialogue, not sure how or why. I used to say "that's gay" all the time, then I felt weird about it. Until my gay boyfriend Ryan was talking about a party he was at & said "It was so f*cking gay, I had to leave."

So, I dunno. If I had kids, I wouldn't want them running around yelling "you're gay, you're a retard, that's gay, stop being so retarded." But I think a lawsuit is a bit much. People sue everyone for everything these days.
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Old 03-01-2007, 03:54 PM
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Originally Posted by Johnny Stew View Post
I always have to wonder how callous and miserable someone has to be in their own life, to not care about others.
Yes, however, if one is ok with thier sexuality, why take the statement, not directed at someone who is homosexual, and turn it into a personal insult? Im' not callous or miserable, but I use the term frequently. I mean no harm with it. It's just my opinion that people need to have thicker skin.
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Old 03-01-2007, 03:56 PM
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People sue everyone for everything these days.
The lawsuit is a bit much, but they have a valid point: None of the other kids were being disciplined for teasing about the Mormon religion.
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Old 03-01-2007, 03:56 PM
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Quote:
Originally Posted by Johnny Stew View Post
No, it shouldn't be a crime to say those things, but what does it hurt to be mindful of other people's feelings? I always have to wonder how callous and miserable someone has to be in their own life, to not care about others.
In a way, I feel like that comes back to that ****ty parenting we were discussing, Stew.

Pfft. Breeders.

It doesn't hurt to be mindful of feelings, and I usually am. I'm a pretty sensitive person.. emotionally. But not hypersensitive to the point that figures of speech put me up in arms.
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