Private Love, Public School: Gay Teacher Under Fire

Foreword

I first became aware of Gerry Crane and the struggles he endured as a teacher in the Byron Center Public Schools after he was outed, back in 1996 when I read an article in Between the Lines, Michigan’s LGBTQ newspaper. When one looks back at that period in time, it’s amazing to consider the progress that has been made on LGBTQ rights over the past two decades. In 1996 same-sex couples could not marry nor have their relationship recognized by the State of Michigan or the federal government. Laws criminalizing private, same-sex sodomy between consenting adults were constitutional and could be used to justify discrimination against LGBTQ people, since they were presumed to engage in illegal sexual behaviors. Only a handful of Michigan cities and townships had local ordinances protecting LGBTQ people from discrimination. Neither Michigan nor federal civil rights laws provided explicit protections against discrimination on the basis of sexual orientation or gender identity.

Today same-sex sodomy laws are unconstitutional. Same-sex couples can marry and receive the federal and state recognition and the benefits afforded by marriage. Close to four dozen Michigan cities and ordinances prohibit discrimination against LGBT people. And yet still today, neither Michigan nor federal civil rights laws provide explicit protections against discrimination on the basis of sexual orientation and gender identity.

Which brings me to Aimee Stephens, a transgender woman, whom the ACLU represented in her employment discrimination claim before the United States Supreme Court and whose case was part of the 2020 landmark decision in Bostock v. Clayton County, which held that LGBT people are protected against employment discrimination under Title VII, a federal civil rights law that prohibits discrimination on the basis of sex. In other words, discrimination against an employee for being gay or lesbian or transgender is sex discrimination. If only this decision had been issued at the time Gerry Crane experienced his discrimination by the Byron Center school district and community.

I was both honored and fortunate to work with and get to know closely Aimee Stephens during the course of her litigation. Like Gerry Crane, she was both deeply passionate about and committed to her job. As an embalmer for the Harris Funeral Homes, Aimee believed that she had both a mission and a purpose to help families in their most vulnerable time of grief. She wanted to ensure that they would see their loved ones in the way that they most remembered them. Like Gerry Crane, Aimee’s work was highly valued by both the funeral home and the families she worked with. Also like Gerry Crane, Aimee struggled for years with her ability to be her authentic self in the workplace. When she finally summoned the courage to come out to her employer, she was summarily fired from her job.

Often when we look at seminal LGBT civil rights cases, we regard the plaintiffs in the abstract. We don’t consider the full extent of harm that these people have suffered due to the discrimination. For Aimee, it was not only the indignity of being fired for being transgender, but also the loss of income which created financial stresses for herself and family. It was the loss of her sense of purpose, which triggered depression, and in my opinion, a downward spiral in her health. And yet Aimee decided that she wasn’t going to accept this kind of treatment by her former employer and that she was going to do something about it. She wanted to make sure that other transgender people did not suffer the same fate as she did. Although somewhat shy and reticent, Aimee embraced her role as spokesperson for her case, sharing her personal story and why she felt that the way she was treated was wrong. Despite suffering from kidney failure and respiratory issues, Aimee was determined that she would help others through her case. And through this process, Aimee found her new purpose in life and felt a tremendous responsibility to her transgender community.

I was with Aimee in Washington, DC, when her case was heard before the United States Supreme Court. The day before the hearing, Aimee did back-to-back interviews with the media, one after another, from morning until later afternoon, until she collapsed from physical exhaustion. She attended the hearing the next morning in a wheel chair. After the hearing, as she was wheeled out to the front of the Supreme Court building, she was greeted by a roar of cheers and applause, and chants of We Love You and Thank You from the crowds who had gathered in support. I stood by Aimee with her wife, Donna, and watched as countless young people, many who were transgender, came up to her thanking her for her courage to tell her story and to stand up for her and their rights. Later, Aimee said that was the most memorable experience of her involvement with this case.

When she came back home and as her health further declined, Aimee maintained her commitment to the cause of transgender rights, joining the Board of SAGE Metro Detroit, an organization that focuses on LGBT older adults, serving as ambassador to the transgender older adult community. While awaiting the Supreme Court decision, Aimee continued to hope that she would live long enough to read the Supreme Court’s opinion. Unfortunately, that was not to meant to be, as Aimee passed away on May 12, 2020, more than a month before the historic decision in her case and at the far-too-young age of fifty-nine. The Supreme Court decision is Aimee’s legacy and she fulfilled her second life purpose—making a positive difference in the lives of transgender people.

Like Aimee, Gerry’s story is an important one that needs to be told. LGBT discrimination existed in 1996 and still exists today. Both Aimee and Gerry had much to offer to this world and were treated unfairly for living their authentic lives. We need to pass both Michigan and federal civil rights laws that explicitly mention sexual orientation and gender identity and make it clear that LGBT people are to be accorded the same dignity in all aspects of life. The harm and the collateral damage caused by LGBT discrimination is real.

Jay Kaplan

Attorney

ACLU of Michigan

Nancy Katz and Margo Dichtemiller LGBT Rights Project

Author’s Note

This is a nonfiction work. All people named in the book are actual individuals. In a few instances, names have been changed for privacy purposes. The material in this book is based on interviews, documents, articles, oral histories, other papers, and where applicable, my recollection of events.

In writing the book I have been sensitive to the fact that Gerry’s students were teenagers. They were in a life stage where they were exploring their own identity and views while still being under the strong influence of their parents, extended family, clergy, and school officials. Many students came to Gerry privately, often in tears, upset about being required by their parents to drop his class and about others things that were happening. Some were pressured by adults in their lives to do and say things that they otherwise would not have done. Nothing in this book is meant to criticize, deride, or blame any of the students for outcomes beyond their control.

While I have been writing throughout my career as an attorney, professor, and activist, this is my first book. I intended to write what I billed as a traditional nonfiction book. But it was not that simple.

After learning about the narrative nonfiction genre, I started to experiment with that approach. I came to realize that on some level I needed to insert myself more directly into this book.

I was already in the book, though shrouded. Gerry and I came of age, and came out, in similar political times. We shared a common geographic terrain in west Michigan. We also came to briefly know each other because of the controversy. I have introduced myself into the narrative where needed to write the book that I needed to write, using methods that best reflect my voice.

I hope that you will be moved by and will in some way learn from Gerry’s story.

Acknowledgments

I am grateful to everyone who agreed to be interviewed for my book. Thank you to those who were exceptionally generous with their time and patient with my numerous requests. These contributions were invaluable to me. I appreciate those who spoke with me even though it was difficult emotionally or risky because they were concerned that their contribution might affect their employment. Many thanks also to those who responded when I reached out for specific information or input.

I am especially grateful to Randy Block for graciously sharing stories and recollections, and making material available for my research. I am grateful to the work of the late Dr. Paul Kutsche, founder of the Kutsche Office of Local History at Grand Valley State University, who conducted interviews and gathered documents related to Gerry Crane’s ordeal, all of which were invaluable for my research. Many thanks to Julie Tabberer and everyone else with the Grand Rapids History & Special Collections at the Grand Rapids Public Library who helped with my use of the Grand Rapids Lesbian and Gay Organizations Project Collection, and to Alex Forist, Chief Curator for the Grand Rapids Public Museum.

I am privileged to live in a time in human history and in a place in the world where I have been able to choose to live my personal and professional life openly as a lesbian. I recognize the plight of those who, like Gerry Crane, have suffered greatly and those who continue to experience pain or risk death for being out or after being outed. I am grateful to the generations of LGBTQ+ people, some of whom inhabit recorded history, but most of whom are lost to the ages, who in large or small ways lived out of the closet before the coining of that phrase and who, because of their courage, endured devastating consequences. My strength, and the strength of the LGBTQ+ movement, is borne in part, through their pain.

I am tremendously grateful to the people who contributed to my Kickstarter campaign: William R. Baldridge, Ruth McNally Barshaw, Donna Chaney, Anne Dill, Dr. Slawomir Dobrzanski, Carol Dodge, Jeff Grim, Dr. Will Hall, Jacob [last name anonymous], Nidal Kanaan, Claudia Kerbawy, Marilyn Klar, Sean Kosofsky, Dr. Michelle Lee, Anita Levin, Jessica Kerbawy Niven, Dennis B. Murphy, Fadi William Musleh, PFLAG Holland/Lakeshore, Tony Reese, Harvey Rowland, Fred Sebulske, Dr. Jill Van Antwerp, Marian Vanderwall, Franklin Blain Van Pelt, Glynn Warren, and Bill Young. You helped to provide me with the means to delve into the self-publishing process, and each contribution buoyed my spirit.

Thank you to everyone who has cheered me on over the years by offering me words of support, asking questions about the book, or commenting on or liking my Gay Teacher Facebook page and other social media. You have all helped to energize me throughout my writing process. Thank you also to Grand Rapids’ area coffeehouses and bookstores which served as homes for my writing. They are a haven for those of us who engage in solitary work.

I owe special gratitude to the people in my nonfiction writing group, especially Debbie Aliya, Phil Van Huffel, and Joe Stankowski. Your ongoing input and camaraderie has been invaluable. You have helped me to liberate my writing from the constraints inherent in standard legal writing. I especially appreciate Debbie Aliya’s persistent nudge for me to place myself in the story. You correctly asserted that it was necessary, that it would open my writing and help me find my voice.

Thank you to my college friend Ruth McNally Barshaw, cartoonist, writer, artist, and creator of Ellie McDoodle, for your enthusiastic support. Your creative spirit, persistence, and accomplishments have been a source of inspiration for me.

Thank you to Stephanie Hoover for bringing together a group of strong, accomplished women writers by founding the Vixens of Nonfiction. I greatly appreciate and have benefited from this group, especially those who have been a part of our Vixens online meetings during the past several months.

I am indebted to Dr. Kathleen Blumreich for her invaluable insights, suggestions, and edits after reading my manuscript. I deeply appreciate everyone who read an earlier draft of the book, or portions of it, and who shared their input and suggestions—Debbie Aliya, Dr. Karen Chaney, Michelle Crooks, Anne Dill, Mary Juhlin, Dr. Michelle Lee, Megan Morrissey, Sue Perry, Maris Stella Star Swift, Leigh Yared, and Abby Young.

I am grateful to Anne Dill for her valuable input, ongoing support and encouragement. Special thanks to Abby Young for her exceptional work as sound engineer for the audiobook. Many thanks to my legal assistant, Dawn Draper; author assistant, Jennifer Butcher; and my former Grand Valley State University student and intern, Brody Cragg, all who provided critical services at various junctures during my research and writing of this book. Thank you also to Oliver Yared for his critical technological assistance.

Special thanks to Rivka Hodgkinson for creating a top-notch author website and for her valuable insights about technology and social media. Thank you to Damonza for designing an exceptional book cover, to Clark Kenyon for creating a professional interior book design and layout, to Kristin Chaney Hagan for her creative input, to Michelle Burroughs for her photography, and to indexer Meridith Murray.

I am greatly indebted to my editor, Susan Matheson, for her patience, steadfast support, and exceptional work. From our first meeting, she understood the critical need for Gerry’s story to be documented, and she maintained her commitment to the book even though the project took longer than expected. She greatly elevated the quality of the book.

I am grateful to Jay Kaplan, attorney with the ACLU of Michigan, for writing a thoughtful and timely foreword for my book. Over the years Jay has been at the forefront of important developments in LGBTQ+ equality, including representing Aimee Stephens in the landmark 2020 case banning LGBTQ+-based employment discrimination. I have worked with and enjoyed the benefit of Jay’s skill and insights on numerous cases over the years, and I appreciate his willingness to contribute to this book.

I especially thank and express my deep love to the children of my life—Richard Kyle Palmitier, Abby Young, Molly Young Hoxha, and Leigh Alexandria Yared. You have all enriched and brought great joy to my life. I am grateful for the life of and love from my daughter, Leigh Alexandria Yared. You have been my consistent supporter and inspiration throughout the years and years of starts and stops on this book.

I am tremendously thankful for my wife, Dr. Karen A. Chaney, for her unwavering support, encouragement, and wisdom and for the hours she spent reading, editing, and discussing the substantive and publishing aspects of the book with me. Her insights and expertise about religious history and theology were especially invaluable to me. Karen, I am grateful for and treasure our life together.

Introduction

In 1993, when Gerry Crane was twenty-nine years old, he began working as a high school music teacher in Byron Center, a small, conservative suburb of Grand Rapids, Michigan. In the summer of 1995, before same-sex marriage was legal, Gerry and his partner, Randy Block, decided they wanted to exchange vows in a commitment ceremony, which would take place in the fall. Despite their best efforts to keep their ceremony private, students, parents, and school administrators of Byron Center High School found out, and many people in this religiously and politically conservative town were upset. However no one could have predicted the extent of the fallout and how Gerry’s life would turn upside down.

I first met Gerry and Randy during the public controversy that erupted after their ceremony. At that time, I served on the board of directors of The Lesbian, Gay and Bisexual Community Network of West Michigan (The Network), worked as an attorney specializing in LGBTQ+ law, and taught law courses at Grand Valley State University.¹, ² I am gay and at the time was raising young children with my partner. Gerry’s situation spoke to my identity, my family, my work, my activism, and my core values.

I set out to write this book because of Gerry. I felt strongly that his experience needed to be documented, told, and remembered. And in the spirit of his devotion to teaching, I sought lessons to be learned from his experience at Byron Center High School. While this controversy most affected Gerry, it also became a transformative experience for others in his life—his partner, friends, students, and fellow church members. I also wrote this book for those students and teachers who are trying to make sense of what happened to them in the past and those who are struggling now. This is my attempt to help create change for students and teachers in the future.

Cultural and Legal Landscape

Gerry and Randy’s commitment ceremony took place in October 1995. At that time LGBTQ+ people were largely deemed unacceptable in society and were condemned as deviants. The majority culture did not support what was inaccurately referred to as the homosexual lifestyle.

In 1986, the US Supreme Court upheld a Georgia law that criminalized sodomy between consenting adults. The court ruled that Georgia’s criminal law was constitutional even as applied to the defendant, Michael Hardwick, who had engaged in sex with another man in the privacy of his bedroom.³ This case was not overturned until 2003.⁴

During the Byron Center controversy, marriage equality was a charged political issue. In June 1995, Michigan Governor John Engler signed a law banning same-sex marriage and prohibiting the recognition of out-of-state same-sex marriage. Congress followed suit, and in 1996 President Bill Clinton signed into law the anti-gay Defense of Marriage Act (DOMA), which was based on the notion that same-sex marriage was an assault on heterosexual marriage. DOMA defined marriage as being between one man and one woman and excluded gay couples from federal benefits available to heterosexual couples. The law also gave states the right to not recognize the rights of same-sex couples married in another state.

The Supreme Court did not rule DOMA unconstitutional until 2013.⁵ Two years later, the Court legalized same-sex marriage.⁶ In June 2020, the Supreme Court ruled that employers cannot discriminate against people based on their sexual orientation or gender identity.⁷

It might appear that these groundbreaking cases occurred at warp speed. That is not the case. The rulings reflect generations of grassroots action. The most powerful driving force that led to these recent Supreme Court decisions has been LGBTQ+ people throughout the country coming out—to their friends, family, co-workers, service providers, and spiritual communities—one person at a time. In most cases this was painful; in many cases it was devastating. Eventually, however, fewer straight people were saying that they did not know anyone who was gay or lesbian. As more people came out in the various aspects of their lives, many straight people began to question and confront their own homophobia, although others continue to justify or deny it. In this way the LGBTQ+ civil rights movement is the embodiment of grassroots action.

Gerry and Randy contributed to this process. They held a commitment ceremony at a time when doing so carried risk. Once outed, Gerry did not run away or hide. He held his head high and moved through the pain.

Despite the landmark court cases, people who identify as LGBTQ+ continue to be subjected to discrimination and hate crimes. Homophobia and transphobia permeate numerous aspects of their lives.⁸ Many LGBTQ+ teachers, in particular, face discrimination, live closeted lives, and work in fear of losing their employment. At the same time, an increasing number of students are struggling with their sexual orientation and gender identity at earlier ages. They face bullying, rejection, physical violence, and sometimes death by suicide.

Gerry’s story sheds light on crucial questions that are relevant today—the application of the First Amendment, including the separation of church and state, and the scope of equal protection as applied to LGBTQ+-related issues in public schools. Gerry’s story also explores his personal journey of reconciling being gay and Christian, as well as the debate within his church and his broader Christian community. In doing so, this book focuses attention on practices and dialogues about homosexuality which are still happening today within some places of worship.

Gerry’s story began in 1995, before most celebrities came out to the public and before popular television shows and movies featured LGBTQ+ characters. As a cultural marker, Ellen DeGeneres came out in 1997, and the television show Will & Grace did not begin until 1998. While reading this book, it is important to be cognizant of the cultural and legal context of that time.

Terminology and Stylistic Decisions

During the past several decades, the terms used to