Over fifteen years ago, Bernice Sandler and her colleague Roberta Hall
began studying and writing about the chilly classroom climate for women
college students. More recently scholars have taken a look at the law school
classroom and assessed its chilly impact on women, racial minorities, and
gay and lesbian students. In January 1986 I chaired a workshop at
the AALS annual meeting that addressed some of these issues. The student
panel reported that women became disempowered in law school, that issues
of race were not handled well in the classroom, and that gay and lesbian
students felt invisible. A lesbian student from California spoke not only
about the pain of having teachers presume that GLB people did not exist,
but also of the loss suffered when the legal issues important to her community
were completely ignored in class. She cited a trusts and estates class
that never once mentioned the testamentary capacity questions that arise
in the AIDS community or the special problems that arise in drafting wills
and trusts for same-sex couples.
The responses to the law student survey show that classroom coverage
of GLB issues may have improved, but many GLB students still have cause
for concern. And the overall law school climate remains on the chilly side
for many GLB students.
The Classroom Climate
Eighty-seven percent of the students responding reported that GLB issues
had been addressed in at least one of their classes. Not surprisingly,
most of the students who reported that GLB issues had been addressed (147
out of 269) said it was in their constitutional law class. Only 36 listed
wills, trusts, and estates. The three Supreme Court cases dealing with
GLB legal questions, all decided after January 1986, have certainly contributed
to the visibility of GLB issues in law school.
Visibility alone, however, does not necessarily improve the comfort
level for GLB students. Respondents complained about the way certain GLB
topics were covered in class (e.g., "no critique of Bowers v. Hardwick,"
"discussion of Bowers v. Hardwick rushed through in 5 minutes") and spoke
of their own hesitancy to discuss GLB issues in class. In response to the
question "How comfortable are you discussing GLB issues in class?" 23 percent
answered "very comfortable," 31 percent said "somewhat comfortable," 45
percent said "somewhat uncomfortable," and 1 percent said "very uncomfortable."
This distribution was roughly replicated within particular schools, at
least in those schools that generated a relatively large number of responses.
The fact that a majority of the students responding feel comfortable
talking about GLB issues in class is a positive sign. The open-ended responses
from students who described themselves as uncomfortable provide
us with information that may be useful in gauging the climate in our own
classrooms.
| My school has a very conservative student body. I'll never forget the
first time a G/L issue was raised in class--my entire section sort of snickered,
as if there were something dirty about the topic. From that point on, I
became uncomfortable discussing G/L issues in class.
Despite the fact that I was out before coming to law school, other students
make life difficult for GLBT students. There isn't any direct harassment,
but no matter how often you tell people, they assume you're not gay--there
seems to be a strong pressure to conform with heterosexuality.
The only time I was uncomfortable was in Real Property because the professor
was very obviously homophobic. On the other hand, my comfort with other
classes was because those professors had educated and informed opinions.
I feel that my views are in a distinct minority and are often not received
well by other students, which makes me apprehensive in sharing. My classmates
are my future coworkers and colleagues. I'd like to maintain somewhat of
a good relationship with them.
Not always relevant to a legal issue. Don't want to be in a position
where I am considered to speak for all gay men.
I am only somewhat comfortable in this environment because I get tired
of being the only person talking and, too, I tire of listening to the silence
that follows. Gays and lesbians are not issues here, unless a student makes
them issues.
The more I become comfortable discussing issues in private with classmates,
I feel more comfortable discussing them in front of the whole class. Professors
don't seem comfortable discussing them, therefore I don't either.
Most professors don't think about GLB issues very much--consequently,
they make you feel that your comments are irrelevant or worthy only due
to self- interest.
General lack of acknowledgment that there are gay students in the class
by the professor. Assume everyone is straight.
There is silence when a question is asked and sometimes murmurs and
laughing.
I'm open about my own sexuality when the issue is relevant, but I don't
enjoy listening to someone who "emotes" during a class. Unfortunately,
saying anything about LGB issues sounds like "emoting" to heterosexual
ears.
It's hardest to discuss gay issues in your first year of law school
because it usually involves coming out to your entire class. After you're
out, it's much easier to bring up gay issues in and out of class.
I am, perhaps, not as comfortable as I am bold. Because the environment
at the school is "less than friendly" it takes a good deal of nerve to
raise issues relating to sexual orientation in many classes.
Profs are generally gay/lesbian positive, but students here tend to
be homophobic. |
Many of the students reported that their comfort level was primarily
affected by the individual teacher or the subject matter of the class.
For some, it was easier to discuss topics if someone else brought them
up or if the materials raised the issues. Students who described their
schools as conservative reported that they sometimes went back into the
closet in law school. And often, even in law schools with gay-positive
faculties and administrations, students reported that the student body
seemed homophobic. When teachers dare to raise these issues themselves
in class, students report that we are sometimes successful, but other times
thwarted by students' snickering and similar reactions. Silence is not
a good answer to such responses.
The Climate in the Law School Community
Those of us who teach, and who have contact with students primarily
in class or in our offices, should become aware of the general climate
for GLB students in the law school building. For example, I raise lesbian
and gay issues in my classroom, and I include lesbian and gay clients in
the problems I assign. It helps that the trusts and estates book I use
also raises lesbian and gay issues. If my only knowledge came from my contact
with students in the classroom, I might believe that my school is completely
devoid of homophobia. But that is not the case. Because I am an out lesbian,
students come to me to report incidents that trouble them. Some of these
incidents occur in other classrooms. The faculty do not seem to be the
problem. Rather, problems arise with other students. GLB posters are defaced
in the halls. Sometimes signs are posted with negative words or images
of GLB people. These incidents affect the entire climate in the building,
and I believe it is useful for all faculty and administrators to understand
this climate.
In response to the question "Have you ever experienced homophobia in
your law school?" 66 percent of the students responding reported that they
had (52 percent "occasionally" and 14 percent "frequently"). Descriptions
of homophobic events included incidents with other students and with teachers.
For those of us who are unaware of such incidents, the following examples
are informative. Some of these may be occurring at your own school, and
you may not know about them. Yet they affect the climate for all.
| My rainbow flag on my locker was defaced several times. Things such
as "Gay Boy Die" were scrawled onto it, and when it was replaced, it was
simply removed.
All have involved students and incidents have been limited to homophobic
jokes and/or comments made in conversation.
Commentary in the classroom. Skits at the law school smoker. All of
these involve students, but with the implicit consent of the faculty, who
do not correct or control classroom statements or class discussion.
My assigned first-year partner for Research and Writing said she had
a problem with me being a lesbian. In the front of one of my classrooms
someone wrote "Queens must die in '96."
I have observed threats of violence and derogatory comments written
on walls/blackboards. I have been the brunt of jokes that I know of--on
two occasions.
One professor won't interact with me on the same level as other students
in the class.
I was named a Dean's Fellow for my third year. The dean's office posted
the names of all fellows and someone wrote "Fag" next to my name.
Graffiti on the wall (removed after a month of yelling and screaming).
Letter from homophobic person in my mailbox after we asked for comments
pertaining to our antihomophobia poster around school.
The Student Bar Association attempted to cut the group's budget because
we would not disclose a membership list. We appealed and our funding was
reinstated.
A guy running for student government who talked about "those people"
being a problem. |
Summary and Recommendations
Classroom discussion of GLB legal issues can be fraught with worry for
some GLB students. Some survey respondents report being mocked for their
views in class. Others fear being seen as a one-issue person and having
their opinions on other issues devalued, while others hope to avoid discussing
GLB issues at all for fear of outing themselves before they are ready.
Teachers can reduce some of these worries by raising GLB-related issues
themselves in class or in their choice of materials, and by raising them
in a manner that suggests they are serious and substantive. Nonsubstantive,
mocking comments should be dealt with in the same way that such comments
on other issues are handled. When students express views that are based
on stereotypes or misinformation about lesbians or gays, teachers should
probe the basis, or lack thereof, for those views. Faculty also can try
to include GLB people in their classroom hypotheticals, role-playing scenarios,
or research assignments. This device also can help challenge students'
assumptions about other people and better prepare them for real-world practice
experiences.
Many respondents reported that they let stray comments and jokes outside
the classroom pass without confronting the speaker or taking any other
action. Thus it seems that many hurtful comments and incidents remain unchecked,
and the actors may themselves remain unaware that their words or deeds
can hurt. Particularly in an environment where such incidents occur without
response, faculty and administrators, both gay and straight, must be as
visibly supportive as possible. Support can come in many forms, from posting
GLB-related materials on office bulletin boards to attending GLB student
organization meetings and events. Such visible support from faculty and
staff can provide a great deal of comfort to students in the face of peer
homophobia.