Get set for another key court decision on being gay

Step up, Stacy Bailey. I think you’re about to become a national celebrity and a lightning rod for a highly emotional talking point.

Bailey once taught in an elementary school in the Mansfield (Texas) Independent School District in Arlington. Then she got suspended by the school system. Why? Because she showed her students a picture of her wife.

The Mansfield ISD is empowered to suspend or even fire employees based on their sexual orientation. Oh, brother. This needs to be litigated and the courts need to do what it did for the issue of gay marriage, which the U.S. Supreme Court ruled in 2015 that same-sex couples can marry in all 50 of our United States.

Texas is one of 28 states that allows employers to take such punitive action.

As Fox News reported: The school district released a statement saying they are and have always been “an inclusive, supportive environment for LGBT staff for decades.” Action was taken against Bailey, they say, because allegedly “her actions in the classroom changed.”

Bailey was removed from the classroom after a parent complained that she showed a picture of her and her then-girlfriend and now-wife to her students.

Read the entire Fox story here.

I am unaware of how the MISD defines how her “actions in the classroom changed.” If the “change” involves merely showing students a picture of the teacher and her wife, then I believe the Mansfield district has a serious problem on its hands.

The U.S. Supreme Court legalized gay marriage on the basis of the Equal Protection Clause stated in the U.S. Constitution. To my way of thinking, “equal protection” applies to Stacey Bailey. She and her spouse are entitled to be married and to live together just like all Americans.

How in the world does that affect her ability to teach children?

Fox News reported this about the Civil Rights Act of 1964: The statute says, “It shall be an unlawful employment practice for an employer… to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.”

“The questions is whether ‘sex’ covers sexual orientation and gender identity issues,” attorney Sandra Mayerson told Fox News.

If the court system doesn’t rule in Bailey’s favor eventually, my hope then rests with Congress and whether our nation’s lawmakers will have the courage to insert the words “sexual orientation” into the Civil Rights Act.

It’s only right.