About a Boy
Sunday, January 17th, 2010Mohawk, New York is a small town in the center of the Empire State. In the 2000 census it clocked in with a population of 2,660. A recent graduate told a local newspaper reporter in August last year what young men in Mohawk do: “we hunt, we fish, we drive trucks.”
A boy named Jacob did not like to do those perfectly wonderful and legitimate things. In a lawsuit he and his father have filed against the Mohawk school system, he alleges that when he entered the seventh grade in 2007 he “was regularly called ‘bitch’ and ‘pussy’ and on various occasions students told him he should get a sex change operation because he was so ‘girly’.” Rather than hunt, fish and drive trucks, Jacob dyed his hair, wore eye make-up and spoke in a high-pitched voice. These things are not yet legitimate choices for boys in Mohawk. Mohawk in that regard is not much different from the rest of the nation.
It was only as he started the eighth grade in 2008 that Jacob came out as gay. That’s when he says things started getting worse for him at school — including, he alleges, being pushed down a staircase, having food thrown at him in the cafeteria and being threatened with a knife in a classroom. As a 24-year-old Mohawk man explained life for boys to a Utica newspaper, “You’ve got to protect yourself if you’re different.” How could Jacob stop being different from the other boys? Only by being different from himself. According to an affidavit Jacob filed with the court, a boy who bullied him suggested that he “lose the makeup, lift weights, lose the faggot voice and start liking girls.”
Jacob and his father, who appears to have done everything he reasonably could have done to protect his son and get help for him from school officials, are being aided by the New York Civil Liberties Union in their suit against the Mohawk school system. They filed their complaint in August and modified it for technical reasons in September. Now, just last week, the U.S. Department of Justice has filed a motion, citing Title IX, for permission to intervene in Jacob’s lawsuit. Noting that Jacob has fled to a school in a different town and that the only available remedy to Jacob from his former school system would be monetary damages, DOJ says it needs to participate in the lawsuit to ensure that the resolution of the case establishes a precedent that serves the national interest, not just Jacob’s alone.
DOJ’s move has been opposed by some. Roger Clegg, a DOJ attorney in the Civil Rights Division under President George W. Bush, told National Public Radio on January 15 that Title IX does not apply to Jacob’s case because “Congress has not passed a law that deals with discrimination on the basis of sexual orientation.”
Jacob’s lawsuit, however, takes pains to point out that he was discriminated against on the basis of sex — a category clearly covered by Title IX — long before his sexual orientation was known to his alleged tormentors. Girls who enjoy dying their hair, wearing make-up and talking in high-pitched voices are not harassed and threatened in Mohawk schools for doing so, and would likely have been energetically protected by school officials if they were. Jacob engages in the same behaviors and they bring him grief, heartache and official disdain — only because he is a boy.
In a statement issued on January 15, shortly after DOJ announced its intentions to participate in Jacob’s lawsuit, the superintendent of Mohawk schools sought to assure the public that her staff “are committed to doing everything in their power to prevent bullying and promote tolerance [and that the school system] is open to new ideas and recommendations on how it can take a more proactive role in teaching respect and appreciation for diversity.”
Given that Jacob was allegedly harassed for being a boy who was not content with current dictates for boyhood, perhaps the superintendent would like to help further the Blue Sky Rebellion or something very much like it.
I’m sending her a copy of the book.