Metro And Iowa News

Tuesday May 21, 1996

* Sexual Orientation

by Kellye Carter, Register Staff Writer

A Des Moines school board subcommittee agreed Monday to discuss use of the term “sexual orientation” in its anti- discrimination policies at a public meeting June 3.

The full board eventually could tackle the volatile issue, which has been the subject of competing petitions recently.

Also Monday, a lawyer for the district sent a letter to board President John Phoenix about the policies.

“In my judgment, sexual orientation is not a permissible criteria upon which to base personnel decision, and the district could be challenged legally if the district did discriminate on the basis of sexual orientation,” lawyer Peter Pashler wrote.

Pashler added that he did not believe the policies’ current language requires “the employment or retention of individuals whose behavior represents a threat to children.”

The district’s employment policies prohibit discrimination based on 10 factors, including sexual orientation, race and marital status.

Some community members have said protection for sexual orientation would include people with a range of sexual interests, including attraction to children. Others say that is a smokescreen for people who don’t want to protect gays and lesbians from discrimination.

Pashler suggested that the district’s policies could be clarified by excluding the same conditions as the Americans with Disabilities Act.

Some conditions not covered by the act include transvestitism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, other sexual behavior disorders, kleptomania and pyromania.

Phoenix said he asked for the lawyer’s opinion.

“It does not change the policy at all; it only clarifies issues,” he said. “There are people out there who are thinking we are allowing ourselves to hire pedophiles. We don’t. The question is, we haven’t gotten it in writing in our policy.”

Phoenix said he would feel “a lot more comfortable with the policy” if the board approved the lawyer’s suggestions. If it did, he said he would support leaving in protection for sexual orientation.

Board member Harold Sandahl asked Monday that the issue be placed on a future policy development subcommittee’s agenda. Chairwoman Laura Sands, Suzette Jensen and Sandahl agreed to discuss it a the group’s 6:30 a.m. meeting June 3 at the district office. Sands asked Sandahl to provide a proposal to start the discussion.

Sands said she continues to support the current policies and couldn’t comment further until she saw Sandahl’s proposal.

Sandahl and Jensen said they think the term “sexual orientation” needs to be better defined.

As it is now, it could include such behaviors as necrophilia, bestiality and pedophilia, Sandahl said.

“I would prefer not to have the words (sexual orientation) in there, but I don’t know if people will be willing to remove them,” he added.

He said he believes homosexuals would be protected by other district anti-discrimination measures. “I don’t approve of the lifestyle, but...we need to treat them as people and give them the respect and dignity they deserve as people,” he said.

If the term is clarified, Jensen said she would support retaining protection of sexual orientation -- including for homosexual staff.

“It has been there for six years,” she said. “Now that it’s in, I think there’s a comfort level for some people who work for the district and even for some of our students. Once you’ve created that comfort level, it’s pretty hard to pull the rug out from under people again.”

[Action alert info: to contact the Des Moines board about its nondiscrimination policy:
The Des Moines Board of Education as of 4/96 consisted of:
John Phoenix, President (H) 515-288-0759
Jacquie Easley (W) 515-245-2194
Jane Hein (H) 515-287-2700
Harold Sandahl (H) 515-277-3357 (He is the very unsupportive member who was elected by religious political extremists)
Liz Goodwin (H) 515-279-0703
Suzette Jensen (H) 515-266-7908
Laura Sands (H) 515-279-3424 (she's the only sb member who is openly supportive of LGBT individuals)

Letters to should be sent to:
Board of Education, Central Campus, 1800 Grand Ave., Des Moines, IA 50309. The Des Moines School Board's fax number is 515-242-7579. ]

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