In Brief

Staff Reports

Tennessee House Committee Passes "Don't Say Gay" Bill On To Full House For A Vote

NASHVILLE, TN -- The legislation, known as the "Don't Say Gay" bill, that would ban the teaching of LGBTQ issues to elementary and middle school students passed the Tennessee House Education Committee 8-7 on Tuesday. The measure had initially failed on a voice vote but in a roll call vote requested by its sponsor it passed.

The proposed law's language would restrict all sexually related instruction in the state's schools to "natural human reproduction science" in grades kindergarten through eighth. According to Republican Representative Joey Hensley, a survey of his district showed "well over 95 percent ... don't want homosexuality discussed in those grade levels,” and added, "So that's what pushed me over the line to go ahead with the bill." He said his bill was amended to allow students to ask teachers or guidance counselors questions about alternative lifestyles, but "teachers can't teach that as an acceptable lifestyle." Hensley added that the amended version of the bill should pacify those concerned the proposal would prevent teachers and others from speaking out against the bullying of gay teens.

Critics have charged that the measure is unnecessary as state education officials have publicly said that alternative lifestyle discussions are already banned from the state school's curricula guidelines.

Democratic Representative John Deberry of Memphis said, "I agree that these are issues that do not need to be put in front elementary children. However, officials say this is already state policy. And because it's policy already, there was just no point in mudding the water."

A companion bill passed the state's Senate in a 19-10 vote last year.

Federal Court Tosses Out Lawsuit Against Former University Of Michigan Student Body President

Andrew Shirvell

DETROIT, MI -- In his ruling on Monday, U.S. District Judge Arthur Tarnow dismissed the suit brought against the first openly gay former University Of Michigan student body president Chris Armstrong, by Andrew Shirvell, a former assistant state's prosecutor. Shirvell, had been terminated after he had launched an online and personal campaign that attacked Armstrong's sexual orientation and accused him of trying to "recruit" other students into the "homosexual lifestyle." Former Michigan Attorney General Mike Cox fired Shirvell for using state resources and hours to conduct his campaign against Armstrong.

In his suit, Shirvell claimed Armstrong had "bullied him and defamed him" when Armstrong filed a lawsuit against Shirvell, and according to Armstrong's attorney Deborah Gordon, Shirvell also blamed Armstrong for his being fired from his job state in November 2010.

In an e-mailed statement Tuesday to the Detroit Free Press newspaper, Shirvell claimed he believes the things he said about Armstrong were true and thus protected speech. "At trial, I will provide overwhelming evidence that Armstrong was a public official/public figure at the time that the statements at issue were made," his e-mail said. "We live in the United States. If I believe that Chris Armstrong is a radical homosexual activist, I have a constitutional right to express that opinion."

Armstrong's attorney disputed Shirvell's contentions that her client's lawsuit should be dismissed saying that because the statements were provably false, they should not be considered protected speech. Shirvell also has filed suit against her, saying that Gordon was responsible for his being fired and defamed him. Judge Tarnow dismissed that claim but has not ruled on the defamation claim.

Tarnow also ruled that Armstrong's suit against Shirvell will continue. Scheduling for a jury trial is expected to take place this week.

Shirvell's termination was recently upheld by the Michigan Civil Service Commission.

North Carolina City Alderman Pass Resolution Supporting Constitutional Same-Sex Marriage Ban- Mayor Refuses To Sign

NEW BERN, NC -- The city of New Bern's aldermen passed a controversial resolution in a 5-2 vote Tuesday that supports amending the state's constitution banning same-sex marriage which is to be put before the state's voters in a ballot initiative on May 8. The resolution was brought before the board of alderman earlier this month by Jerry Schill, co-chairman of the Craven-Pamlico Christian Coalition. The resolution states, “Marriage between one man one woman is the only domestic legal union that shall be valid or recognized in this state.” The city's Mayor, Lee Bettis, and Alderman Victor Taylor opposed it.

In his remarks to the media, Mayor Bettis said, “I will not support any amendment to codify legislation which regulates bedroom activity in violation of the Equal Protection Amendment (14th amendment),” Bettis said. “I’m a Christian. But I’m also an American and the law of the land here and the Equal Protection Amendment says we are all created equal.”

Alderman Taylor noted that the proposed amendment the resolution was supporting, N.C. Amendment One, was a terrible idea and possibly dangerous with “unknown consequences.”

The mayor also took supporters of Amendment One to task saying, “In this world where division and hatred are at a premium, I am ashamed at this moment,” Bettis said. “I almost am ashamed that we have this amendment before us. I’m ashamed that we are focusing the American attention away from what we are really good at: ingenuity, creativity, independence, freedom, hard work, education and tolerance. We’re not taking the time of the citizens and taking their money on this issue, which is a distraction from the real issues.” 

He pointed out the resolution would not, among other things, create one job, lower the price of gas, feed the poor or protect the nation's borders from enemies. He asked the assembled alderman; “Will it simply divide us further, and make us more vulnerable to those outside forces who revel in our divisiveness?” he said. “United we stand, black, white, Hispanic, male, female, gay, straight. God made us all humans. God makes no mistakes.”

Approximately 30 protesters both for and against the resolution showed up at the meeting Tuesday night with signs proclaiming their support or opposition to N.C. Amendment One. Since it was a Board of Aldermen workshop, the protesters were not allowed to speak.

After Bettis indicated he wouldn't sign the resolution, Scott Davis, the city attorney, said the mayor pro tem could sign it. But the mayor pro tem is Taylor, who also voted against it. Taylor said he would not sign it either.