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- Title
HARVEY MILK AND JUDICIAL REVIEW: THE END OF RATIONAL BASIS WITH BITE, AND LGBT SCHOOLS, TOO?
- Authors
ERICKSON, KATHERINE
- Abstract
In the mid-1980s, lesbian, gay, bisexual, and transgender rights activists recognized the need for a safe haven for victimized LGBT youth and established the Harvey Milk High School in New York City. In 2002, the Board of Education approved public funding for Harvey Milk High School, and in 2005, Alliance, a public charter school in Milwaukee, Wisconsin was also established to serve LGBT students who had been victims of harassment in their schools. Advocates for civil rights generally take one of two major approaches to such efforts at segregation or separation, grounded alternately in anti-classification principles or in anti-subordination principles. According to anti-classification theory, the government should not make classifications of people based on socially-constructed identities such as race. Some civil rights advocates have criticized this approach to equal protection law as overly global, saying that it condemns all identity-based classifications, as opposed to only those which serve to oppress. These advocates instead espouse a theory of "anti-subordination," which argues that the real problem is not separation per se but oppression. Anti-subordination advocates claim LGBT schools and other voluntarily segregated schools may actually benefit marginalized groups. This article will explore the constitutionality of these schools' open-admissions policies in light of recent legal developments in LGBT rights. It will examine these developments through the lens of the historical desegregation case law which dismantled the dual school system for Black and white students, and attempt to integrate both bodies of law into a sensible rule on LGBT schools.
- Subjects
UNITED States; LGBTQ+ rights; LGBTQ+ schools; HARVEY Milk School (New York, N.Y.); JUDICIAL review; BROWN v. Board of Education of Topeka; GREEN v. County School Board of New Kent County (Supreme Court case)
- Publication
Review of Law & Social Change, 2017, Vol 41, Issue 2, p143
- ISSN
0048-7481
- Publication type
Article