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Sunday, March 20, 2011

DOJ to white male bullying victims: Tough luck

Kerry Picket

The viral video sensation showing a bullying incident at an Australian school has brought the issue of bullying back into the spotlight. Here in the United States, the Obama administration has made school bullying a federal issue. Last week, President Barack Obama addressed an anti-bullying conference with First Lady Michelle Obama at his side. The administration's anti-bullying campaign has been ongoing since the beginning of Mr. Obama's term.  The Department of Justice announced in December 2010 its intention to hold liable school districts that fail to protect students that are bullied.
DOJ’s website states:
The Civil Rights Division and the entire Justice Department are committed to ending bullying and harassment in schools, and the video highlights the Department’s authority to enforce federal laws that protect students from discrimination and harassment at school because of their race, national origin, disability, religion, and sex, including harassment based on nonconformity with gender stereotypes.
The statement later says:
The enforcement of the Equal Protection Clause, Title IV of the Civil Rights Act of 1964, and Title IX of the Education Amendments of 1972 in school districts is a top priority of the Justice Department’s Civil Rights Division. Additional information is available at the Civil Rights Division’s Educational Opportunities Section website at www.justice.gov/crt/edo/.
Here is the catch. DOJ will only investigate bullying cases if the victim is considered protected under the 1964 Civil Rights legislation. In essence, only discrimination against a victim’s race, sex, national origin, disability, or religion will be considered by DOJ. The overweight straight white male who is verbally and/or physically harassed because of his size can consider himself invisible to the Justice Department.

Apparently, the Justice Department is going by George Orwell’s famous Animal Farm ending: “All animals are equal, but some are more equal than others.”

 “We can only take action where we have legal authority,” wrote DOJ spokeswoman Xochitl Hinojosa in a December 2010 e-mail to The Washington Times Water Cooler. She continues:

“As stated in the website below, we are statutorily authorized to initiate suits under Title IV of the Civil Rights Act of 1964, the Equal Educational Opportunities Act of 1974, and under Title III of the American with Disabilities Act. More information on the Civil Rights Act, Equal Educational Opportunities Act, and the ADA can be found here:
http://www.justice.gov/crt/edo/faq.php#3 "

 The Justice Department’s anti-bullying initiative is tantamount to bringing hate crime legislation to the public school system. Obviously, not only is the heterosexual white male student out of luck but  inner city minority students lose out in this deal too.

 If a schoolyard bully is a straight black male and his target is another straight black male where does that leave the victim in the eyes of Attorney General Eric Holder? What about two female students of the same sexual orientation and race?  Is the victim in the latter situation considered to be less equal in the eyes of Obama’s Justice Department than a minority student who is picked on by a heterosexual white male student with no disabilities?

 Unfortunately, the Justice Department is politicizing its priorities yet again. One must wonder why the administration believes it should be micro managing local school districts bullying problems. When the Justice Department is more interested in making ideological statements through seemingly sugar coated campaigns, no one should feel protected.