In Brief

Staff Reports

Appeals Court Rejects Anti-Gay Graduate Student’s Bid for Reversal of Her Expulsion

ATLANTA, GEORGIA -- The U. S. 11th Circuit Court of Appeals has upheld a decision by a U.S. district judge who ruled Augusta State University may expel a graduate student who refused to comply with graduate degree programme requirements citing her Christian beliefs that homosexuality is immoral.

Jennifer Keeton, 24, who was pursuing a master’s degree in counseling, said she was ordered to undergo a re-education plan that requires her to attend “diversity sensitivity training” when the school told her that her anti-gay beliefs are incompatible with the standards of her desired profession. She sued the university in July 2010, claiming that faculty and university staff had violated her rights to free speech and the free exercise of her Christian faith when it told her that, in order to stay in the program, she would have to change her beliefs about homosexuality which Keeton cited as: ..."that it is immoral, unnatural, and a “lifestyle choice” that can be reversed through “conversion therapy.”

According to the lawsuit filed in July 2010, faculty members allegedly assailed Keeton’s beliefs as “inconsistent with the counseling profession” and “expressed suspicion over ‘Jen’s ability to be a multi-culturally competent counselor, particularly with regard to working with gay, lesbian, bisexual, transgender, and queer/questioning (GLBTQ) populations.’”

In supporting Augusta State in its actions, the U. S. District Court judge wrote, “The record suggests, and the testimony at the hearing bolsters, the Plan was imposed because Plaintiff exhibited an inability to counsel in a professionally ethical manner — that is, an inability to resist imposing her moral viewpoint on counselees – in violation of the ACA Code of Ethics.”

In its ruling on Friday, a unanimous three-judge panel of the 11th Circuit agreed with the district court judge, ruling that because Ms. Keeton was unlikely to prevail in her lawsuit, a court order for her preventing expulsion was unwarranted.

The court noted that the requirements of the counseling program—needed for its continued accreditation and compliance with the American Counseling Association’s Code of Ethics—are similar to the rules for judges, who must apply laws even if they consider them erroneous.

“In seeking to evade the curricular requirement that she not impose her moral values on clients,” the appellate court wrote, “Keeton is looking for preferential, not equal, treatment.”

Augusta State University spokeswoman Kathy Schofe told LGBTQ Nation last month that the university had tried to work with Keeton, suggesting she take diversity sensitivity workshops and attend the local Augusta LGBTQ Pride parade, but Keeton refused and declined to participate claiming the university’s “demands” violated her First Amendment rights.

Brandon McInerney Sentenced To Twenty-One Years In Prison; Lawrence King's Family Tells Court They Cannot Forgive McInerney

Brandon McInerney

VENTURA, CALIFORNIA -- Brandon McInerney, 17, was sentenced on Monday to 21 years in state prison for shooting an openly gay student in the back of the head during a computer lab class three years ago. McInerney did not speak at the hearing but his attorney Scott Wippert said his client was sorry for killing 15-year-old Larry King. "He feels deeply remorseful and stated repeatedly if he could go back and take back what he did he would do it in a heartbeat, Wippert said. 

The family of Larry King said in court during they could not forgive their son's killer. 

"You took upon yourself to be a bully and to hate a smaller kid, wanting to be the big man on campus,'" King's father, Greg King, said on behalf of his wife. "'You have left a big hole in my heart where Larry was and it can never be filled.'" 

In a deal reached with Ventura County prosecutors last month, McInerney agreed to avoid a retrial and to plead guilty to second-degree murder, as well as one count each of voluntary manslaughter and use of a firearm. A mistrial was declared in September when jurors couldn't reach a unanimous decision on the degree of guilt. Several jurors in interviews with the media after McInerney's trial said that he shouldn't have been tried as an adult.

Teachers and students saw a dispute growing between King and McInerney leading up to the February 2008 killing, which culminated in McInerney shooting King twice in the head in a computer lab at E.O Green Junior High School. McInerney, then 14, had reached an emotional breaking point after King made repeated, unwanted sexual advances toward him and other boys, defense lawyers claimed. 

The case drew widespread attention and raised questions about how schools should deal with students and sexual identity issues. Talk show host Ellen DeGeneres, who is openly lesbian, weighed in on her television show shortly after the shooting telling her audience that LGBTQ persons shouldn't be treated as second-class citizens. Because of pre-trial publicity, the trial was moved from Ventura County to Chatsworth in the San Fernando Valley section of Los Angeles. 

Ventura County Prosecutors said the shooting was first-degree murder and that McInerney should be punished as an adult. They argued the shooting was a hate crime, an aspect jurors rejected, after authorities found white supremacist materials in his home. Defense attorneys, who unsuccessfully argued to keep the case in juvenile court, said it was voluntary manslaughter because McInerney lost control of his emotions. They said the teen was beaten by his father and was described as a bright student who lost his motivation. 

King's father also blamed the school district for not doing more to address the brewing feud between the two teens and their son's flamboyant behaviour. "Instead of protecting him from himself and his poor impulse control, they enabled and encouraged him to become more and more provocative," Greg King said. 

During the sentencing hearing, King's family and Ventura County Deputy District Attorney Maeve Fox wore buttons with the teen's face on it, while some of McInerney's supporters wore powder blue wristbands that read "Save Brandon." After serving nearly four years since the murder and with the additional 21 years handed down Monday, McInerney will be released just before his 39th birthday. His murder conviction was stayed, and the plea deal agreed to after the mistrial called for him to be given the maximum sentence under California law for voluntary manslaughter — 11 years — and use of a firearm — 10 years, Fox said.