In honor of today being Celebrate Bisexuality Day (aka Bi+ Visibility Day or Bi Visibility Day), I thought I would post about bisexual rights pioneer Marjorie Rowland, who sued way back in 1975 when she was suspended and then faced nonrenewal of of her contract as a school guidance counselor because she had acknoweledged her bisexuality to a school secretary. Although she first had to appeal dismissal of her case to the Sixth Circuit, she ultimately won a jury verdict based on her equal protection and First Amendment claims, only to have it cursorily reversed by the Sixth Circuit. The Supreme Court denied review, over a powerful dissent by Justice Brennan, and Ms. Rowland, who had enrolled in and graduated from law school during the pendency of the case, was left to deal with the considerable fall-out from the case, including an apparently retaliatory charge of welfare fraud and an initial denial of her moral character application to the Arizona Bar. Ms. Rowland, however, persevered and ultimately had a successful family law and bankruptcy practice in Tucson for decades.
My article about the case, forthcoming in Harvard Journal of Law and Gender, brings to light little-known facts gleaned from the trial transcript, explores the flaws in the Sixth Circuit opinion, and also argues that part of the reason that Ms. Rowland's case, Rowland v. Mad River Local School District, did not receive the attention it deserved in scholarship and case law was likely bisexual erasure. The article looks at areas where bisexual erasure continues to be prevalent, including the relatively scant coverage of bisexuality in Law & Sexuality textbooks, and briefly touches on how far we have come--and in some areas, how little progress has been made--since Ms. Rowland brought her case. Remarkably (or perhaps not at all remarkably, given the times we're in), a very similar case brought by a Kentucky choral teacher who was fired based on disclosing his bisexuality on his Instagram account is pending today.
Happy Celebrate Bisexuality Day!
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