Judge: No money for Mormon girl who sued over saying 'That's so gay'

Associated Press ^ | 05/16/07 | Lisa Leff

[presidio9]

A Sonoma County judge ruled Tuesday that a Mormon high school student who sued after being disciplined and then mercilessly teased for using the phrase "That's so gay" was not entitled to monetary damages. Superior Court Judge Elaine Rushing said that while she sympathized with 18-year-old Rebekah Rice for the ridicule she experienced at Maria Carrillo High School, her lawyers had failed to prove that school administrators had violated any state laws or singled the girl out for punishment. "All of us have probably felt at some time that we were unfairly punished by a callous teacher, or picked on and teased by boorish and uncaring bullies. Unfortunately, this is part of what teenagers endure in becoming adults," the judge wrote in a 20-page ruling. "The law, with all its majesty and might, is simply too crude and imprecise an instrument to satisfactorily soothe deeply hurt feelings." The case filed by Rice and her parents in 2003 brought widespread attention to a three-word phrase that some teenagers use to mean "stupid" or "uncool," but has come under attack as an insensitive insult to gay people young and old. The Rices argued that a teacher at Maria Carrillo High violated Rebekah Rice's First Amendment rights by sending her to the principal's office and putting a note in her school file. During a trial in --------------------------------------------------------------------------------

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-------------------------------------------------------------------------------- February, Rebekah Rice testified she said "That's so gay," as a response to other students asking her rude questions about her Mormon upbringing. Rushing said the school district was not liable for monetary damages because the law under which the Rices brought the lawsuit specifically excludes schools. In addition, she said that school officials are given wide latitude in deciding how to enforce non-discrimination provisions of the state education code. "The decision to impose graduated discipline on Rebekah is one that falls squarely within the discretion of the defendants," the judge wrote, adding that it didn't make sense to have the referral stricken from the girl's school record since she graduated last year. The lawsuit also accused the public high school of having a double-standard because, they say, administrators never sought to shield Rebekah from teasing based on Mormon stereotypes. It further alleged the Rices were singled out because of the family's conservative views on sexuality. In Tuesday's opinion, Rushing rejected each claim, going so far as to suggest that the Rices had created a miserable situation for Rebekah by advertising their dissatisfaction with the school's handling of the incident during her freshman year. "If the Rice family had not told everyone that Rebekah had been given a referral for saying 'That's so gay' then no one else would have know it either, and she would not have been referred to as the 'That's so gay girl,"' the judge wrote. Neither the Rices nor their lawyer returned telephone calls seeking comment from The Associated Press. Rushing concluded her ruling by saying that even if the judicial branch could not help in this case, the Rices have other options, including running for school board or lobbying to change state laws. "Through their many activities at their children's schools, plaintiffs have generated a great deal of dialogue about the extent to which our schools should become involved in traditionally non-academic subjects such as morality, religion, sexuality and politics," she said.

[BenLurkin]

"Rushing said the school district was not liable for monetary damages because the law under which the Rices brought the lawsuit specifically excludes schools."

Hmm....

[TommyDale]

What monetary damages did she suffer? Stupid to waste the court’s time, especially a “Peoples Republic of California” court.

[doug from upland]

Kids are mean. Life is tough. We all suffer during our lives. People in black robes should not be passing out other people’s money for that.

[PBRSTREETGANG]

[robertpaulsen]

"If the Rice family had not told everyone that Rebekah had been given a referral for saying 'That's so gay' then no one else would have know it either ..."

So if a homosexual publicly announces his perversion, he's fair game for ridicule since if he had not told everone he was a homosexual no one would know?

[Vigilanteman]

No, no, you don’t understand. Homosexuals are a protected class. Mormon girls aren’t.

[NorthFlaRebel]

What monetary damages did she suffer?

Always the first question I ask, regardless of the situation or what the suit is about.

[Piquaboy]

This PC BS drives me nuts.

[AmishDude]

I can't disagree with the judge, who I would love to laud for trying to cut down on the litigiousness of society, but lookee what I found:

Sonoma Judge Gets Jail Time For DUI Charge

Oh, and for the record, the BAL was 0.20.

[robertpaulsen]

I thought most teens used that phrase. Why is she being singled out?

[Spok]

“All of us have probably felt at some time that we were unfairly punished by a callous teacher, or picked on and teased by boorish and uncaring bullies. Unfortunately, this is part of what teenagers endure in becoming adults,”

Here is the heart of the double standard-if this girl was ‘of color’ or gay, or was complaining about any activity involving Christianity, any degree of offense, objection or discomfort would be determined to be intolerable and actionable at law. Hate is not only permissible but constitutionally permissible so long as its aimed in a politically correct direction.

[kitkat]

***”Through their many activities at their children’s schools, plaintiffs have generated a great deal of dialogue about the extent to which our schools should become involved in traditionally non-academic subjects such as morality, religion, sexuality and politics,” she said.***

<<<...such as morality, religion, sexuality and politics.<<<

That’s the money quote right there. The girl was reported because she said the “gay” word. But nobody was in trouble for insulting her religion. Apparently, there’s an effort to keep her parents from speaking out about “morality, religion,...” etc. etc.

[Jack Black]

Freep the school with “That’s so Gay” signs? That would be really fun.

[ccmay]

for the record, the BAL was 0.20.

Damn! That is roaring drunk. People that drunk normally can't figure out how to use their car keys, unless they're alcoholics who have been doing it for a long time.

-ccm

[AmishDude]

That was mentioned in some sort of disciplinary document I found online. I just searched on her name.

[wastedyears]

I’m 21 and I use that phrase.

[Pinkbell]

Flip the situation. If it was a gay person suing, I guarantee there probably would have been monetary damages. This girl didn’t mean to offend anyone, not even gays. The phrase can mean stupid or dumb. The school never defended her when she was being made fun of for her religion. This is a double standard. Bullying is bullying, but apparently California only goes after Christians.

[hockeyfan]

So does that mean the family can bring the lawsuit again under another law?

[ozzymandus]

I hear that phrase all the time on TV. Does every actor who uses it get sent to the principal’s office and have a note put in their file?