Document Type

Article in Response to Controversy


This paper examines the consequences of Saxe v. State College Area School District as it affects schools in the development of anti-harassment policy. Cornel West’s lens, described in Democracy Matters (2004), alleging imperialistic overtones in contemporary governance is used to frame how a well-intended policy was maligned by the Third Circuit Court of Appeals to deny constitutional protection to minority groups, especially gays. The case is provocative in that it also illustrates how courts can be manipulated to advance hegemonic political agendas. This article is timely considering recent changes to the membership of the United States Supreme Court.

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