In 1971, Joe Acanfora joined other members of the Penn State University campus together to found the Homophiles of Penn State, which was dedicated to protecting gay rights and increasing public awareness about homosexuality. Shortly after they submitted their organization’s constitution for the University Review and received its approval, Vice President of Student Affairs Raymond Murphy was forced to suspend HOPS’ privilege after legal pressure from Harrisburg. On Feb. 11, 1972, HOPS filed suit against the university, an ultimately successful endeavor.1
Acanfora, one of HOPS’ plaintiffs, was dismissed from his student-teaching role at Park Forest several days later. According to a school spokesman, Acanfora was considered a guest at the school, who had dismissed him because they “disapproved with the guest’s policies.”2
At the present time, we don’t feel that the general public would stand still if we allowed this spokesman to teach.
Park Forest Junior High spokesman, Asbury Park Press
However, Judge R. Paul Campbell ruled that Acanfora was to be reinstated into his student-teaching position3. Despite the brief respite, it wasn’t over for Acanfora, as a panel of deans from Penn State had to decide whether he would be certified to teach in Pennsylvania at all. According to Penn State deans as well as State Secretary of Education John C. Pittenger, the central question to whether Acanfora can teach centers around whether a homosexual qualifies as a “person of good moral character,” according to state regulations.4
When you’re in teaching, your profession comes first, just as it does for a heterosexual. Sex, would not enter into your relationship with a student
Joe Acanfora, Philadelphia Inquirer
The Philadelphia Inquirer also made sure to point out Penn State’s side of the dilemma.
The teacher’s influence extends far beyond the classroom. In the case of sexual morality – particularly where the teacher is involved with the adolescent child – there is a certain crucial, quality.
Dr. Abram VanderMeer, Penn State University Dean, Philadelphia Inquirer
According to a special by the New York Times, the panel reached a deadlock.5 In the meantime, Acanfora relocated to Rockville, MD to teach earth science at Parkland Junior High School in August 1972. A month after his employment and as a result of the deadlock, Pittenger approved Acanfora’s credential to teach. The approval appeared in national newspapers, making Acanfora’s sexual orientation known immediately to the school.
The next workday, the Montgomery County School Board recommended that Ancanfora be removed from his position as soon as possible, and he was transferred from his position to the teaching headquarters for curriculum work. There, he would no longer have any contact with students, and he could be fired. In November of that year, Acanfora filed suit in the Federal District Court for Maryland to be reinstated to his position.
According to the District Court, the evidence provided showed that the Montgomery County Board transferred Acanfora solely because of his sexual orientation, and that there was no evidence of Acanfora “bringing up the subject of homosexuality” within the classroom. They ruled that the right to be a homosexuality is protected by the First Amendment’s freedom of association as well as the “right to privacy.” As a result, Acanfora could be removed from the classroom only if there was state interest. Not only that, but he was also denied due process. However, due to his public appearances and statements, he was no longer entitled to relief, nor his old job, as the court decided that his appearances could spark controversy regarding homosexuality within the classroom. This case was later appealed in the 4th Circuit Court of Appeals, who denied the appeal. Acanfora appealed the case again to the U.S. Supreme Court, who denied certiorari and upheld the decision.
- Acanfora, Joe. “A Gay Teachers Battle to Teach.” A Gay Teachers Battle to Teach, 19 Oct. 2006, www.joeacanfora.com/.
↩︎ - “Suit Is Set By Teacher On Ouster.” Asbury Park Press. Joe Acanfora, 2006, www.joeacanfora.com/subpages/penn/media/2-19-72%20Asbury%20PP-Suit%20Set%20-%20Teacher%20Ouster.htm.
↩︎ - “Acanfora Returns to Overall Welcome.” The Daily Collegian. Joe Acanfora, 19 Oct. 2006, https://www.joeacanfora.com/subpages/penn/media/2-25-72%20DC%20Acanfora%20returns.htm ↩︎
- “School’s Dilemma: Should We Let Homosexuals Be Teachers?” The Philadelphia Inquirer. Joe Acanfora, 19 Oct. 2006, joeacanfora.com/subpages/penn/media/8-6-72 PHIL INQUIRER-Should We let Homos.htm ↩︎
- “Homosexual Gains Authority to Teach.” The New York Times. Joe Acanfora, 19. Oct. 2006, https://www.joeacanfora.com/subpages/penn/media/9-24-72%20NYT%20Homo%20Gain%20Authority%20Teach.htm ↩︎