Poll Finds Dissent Over Weaver Ruling

By Jeffrey P. Haney, Deseret News staff writer
December 31, 1998

PROVO — A gay teacher's recent landmark federal legal victory does not sit well in Utah County's conservative court of public opinion (IMAGINE THAT), according to a recent survey.

A Deseret News poll of Utah County residents by Dan Jones & Associates shows that 52 percent "strongly or somewhat disagree" with the recent ruling that Wendy Weaver's constitutional rights were violated by Nebo School District officials when it ordered her not to discuss her sexual orientation.

The Spanish Fork High School teacher's discrimination suit against Nebo officials sparked a firestorm of controversy in the small southern Utah County burg — and attracted the glare of national and media attention.

Backed by the ACLU, Weaver filed suit after she was denied a volleyball coaching job. The veteran coach and psychology teacher claimed in her suit that administrators took the assignment away from her when they learned of her "marital-like" relationship with another woman.

And after Weaver responded to a student's query about her sexual orientation, district officials told her she would face discipline if she discussed her homosexual orientation with parents, students and school colleagues.

After a November hearing, U.S. District Senior Judge Bruce Jenkins ruled in Weaver's favor on all claims, ordering the school district to remove two letters from her personnel file, to offer her the girls' volleyball coaching assignment next year and pay $1,500 in damages.

Almon Mosher, Nebo's human resource director and one of the named defendants, did not seem surprised by the poll's numbers indicating support for the district.

Officials felt they had the backing of parents, he said.

"We knew it was an uphill battle to begin with," he said, "but I think we had support."

Count Linda Campbell as one of the dissenters as well. Four days after Weaver's legal win, the outgoing member of the neighboring Alpine School District's Board of Education pointedly denounced the ruling.

"I think it is sad we can talk about our sexual preferences in the classroom," Campbell told some 200 parents at a board meeting, "but we can't say the name of the Lord Almighty."

Conservative political philosophies thrive in Utah County , considered by some as one of the most far-right in the country. (IMAGINE THAT) Demographically speaking, 87 percent of the poll respondents are members of The Church of Jesus Christ of Latter-day Saints.

Utah's ACLU leader Carol Gnade, whose cadre of attorneys are working on Weaver's defense for a pending 4th District Court case, called the poll numbers "encouraging."

Gnade takes heart in the number of respondents who believe Weaver was wronged by the district. Although in the minority, 38 percent of Utah County residents agree with Jenkins' decision. (I am actually quite amazed by this number...congrats to those 38%)

Ten percent were undecided. The poll has a 5 percent margin of error.

"We are, obviously, pleased with (Jenkins') ruling," Gnade said. "I think there is a changing attitude. People are realizing this teacher's rights of privacy and free speech were violated."

"It's encouraging to see so many people start looking at themselves and changing attitudes" about how gay teachers are perceived and treated, Gnade said. "We hope we are headed in the right direction."

Weaver's federal case appears to be near an end.

Another court appearance is unlikely. Nebo officials have decided not to file an appeal of Jenkins' ruling, Mosher said.

"We just decided we can't put more money into that," he said.

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