He responded that he didn’t have a mother and father; instead he has two mothers. When the other child asked why, Marcus told him that it was because his mother is gay. The other child then asked what that meant, and Marcus explained, “Gay is when a girl likes another girl.”
Upon hearing this, Marcus’s teacher scolded him in front of his classmates, telling him that “gay” is a bad word and he should never say it at school, then sent him to the principal’s office instead of letting him go to recess. The following week the school required Marcus to attend a special behavioral clinic at 6:45 in the morning, where he was forced to repeatedly write “I will never use the word ‘gay’ in school again.”
“To tell a 7-year-old boy that he can’t talk about his family not only makes that child feel confused and hurt – it violates his Constitutional right to free speech and equal treatment,” said Ken Choe, a staff attorney from the ACLU Lesbian and Gay Rights Project who is handling the matter. “At the ACLU we often deal with schools that mistreat treat gay children and children who have gay parents, but this is beyond the pale.”
On a student behavior contract form that Marcus had to fill out and give to his mother about the incident, Marcus wrote that the thing he did wrong was that he “sed bad wurds.” A handwritten note at the top of the form from Marcus’s teacher further explains: “He explained to another child that you are gay and what being gay means.” On a behavior report form signed by the assistant principal, the teacher wrote, “Marcus decided to explain to another child in his group that his mom is gay. He told the other child that gay is when a girl likes a girl. This kind of discussion is not acceptable in my room. I feel that parents should explain things of this nature to their own children in their own way.” (link)