Black Community News News and Commentary for Christians
The Center for American Liberty filed a lawsuit against the Austin Independent School District on behalf of a white male student in middle school at the time who said that students and teachers bullied and harassed him for his political beliefs.
After he wore a MAGA hat on a field trip, the problems started. According to legal documents, a teacher’s aide referred to him as “whitey” in front of the class. In one incident, the school principal yanked an earbud out of his ear and asked if he was listening to “Dixie.” A student threatened to beat the sh– out of him for being white.
These are only three examples of racist behavior toward the boy. He alleged that the school violated Title VI of the Civil Rights Act of 1964. But the lower court disagreed and dismissed his case.
The U.S. Court of Appeals for the Fifth Circuit affirmed the lower court’s ruling. The court reasoned (PDF) that “Title VI claims require that ‘the harassment was based on the victim’s “race, color, or national origin.”‘ The allegations that pertain to race do not surmount the threshold required in Davis ex rel. LaShonda D. v. Monroe County Board of Education.”
The Fifth Circuit contend that the “whitey,” “white boy,” and other comments from students and faculty “over the course of years do not constitute ‘severe, pervasive, and objectively offensive’ conduct sufficient to give rise to a cause of action for damages.”
The American Center for Liberty is taking this case to the Supreme Court and announced a reply brief filing to the high court. The Center said that the appeals court created a new and dangerous legal standard: victims have no recourse under Title VI unless race is the “primary impetus” of harassment.
“This is not just another procedural step,” the Center said. “This reply brief is our formal rebuttal to a school district that failed its student and a legal system that’s in danger of failing us all. With this filing, the Center for American Liberty is sending a clear message: we will not allow race-based discrimination to be justified, excused, or ignored—no matter who the victim is.”
