A California elementary school sixth grader has been banned from giving a presentation on Harvey Milk in class as it violates the school’s sex education policy. Natalie Jones, a student at Mt. Woodson Elementary School in Romana, California,  based her presentation on an independent research project she wrote about the gay civil rights leader. After reviewing the incident, the ACLU determined that it is a free speech issue, particularly since the school referenced its sex education policy in its decision, and is now pursuing the case. From the ACLU press release:

“The principal and superintendent grossly misinterpreted school policy. They illegally censored student speech protected by the First Amendment and the California Education Code,” said David Blair-Loy, Legal Director of the ACLU of San Diego and Imperial Counties. “Writing or talking about a gay historical figure who advocated for equal rights for LGBT Californians is in no way the same thing as talking about sex, and school officials should not pretend otherwise.”

The student’s mother Bonnie Jones:

“This whole thing is unbelievable – first my daughter got called into the principal’s office as if she were in some kind of trouble, and then they treated her presentation like it was something icky. Harvey Milk was an elected official in this state and an important person in history. To say my daughter’s presentation is ‘sex education’ because Harvey Milk happened to be gay is completely wrong.”

Below is the part of the school’s sex education policy which is in question:

“(P)arents/guardians shall be notified in writing about any instruction in which human reproductive organs and their functions, processes, or sexually transmitted diseases are described, illustrated, or discussed. In addition, before any instruction on family life, human sexuality, AIDS or sexually transmitted diseases is given, the parent/guardian shall be provided with written notice explaining that the instruction will be given…”

The ACLU is seeking an apology for Natalie, an opportunity for her to give the presentation in front of her class, and a clarification of parental notification issues with regards to the sex education policy.

As momentum continues to build for the Obama administration to make good on a promise to end Don’t Ask, Don’t Tell, Rachel Maddow interviews yet another casualty of the policy. After 18 years of loyal and heroic service, Lt. Col. Victor Fehrenbach has been notified that his services are nolonger required, two years short of his retirement, and just two weeks shy of being re-deployed. Watch.

Other DADT news making headlines today include a statement by the Pentagon that there is currently no plan to end the discriminatory policy, and that the administration will have to defend DADT in court.

Barricades are being dropped off by PD in San Francisco’s Castro district and in San Diego for crowd control. Twitter is all aflutter with rumors from multiple sources including SF City Hall and Equality Network which point to the California Supreme Court ruling on Prop 8 this Thursday.

As Joe at Joe.My.God so rightly Points out, does the California Supreme Court realize their ruling could fall on the 30th anniversary of the White Night Riots and just a day before Harvey Milk’s birthday? Definitely a witch’s brew, especially if things go bad…

The Broadway Impact Rally held in New York over the weekend brought out a host of celebrities supporting marriage equality including Ana Ortiz of Ugly Betty, Cynthia Nixon and Kristin Davis of Sex and the City, Cheyenne Jackson from the Broadway show Xanadu, Audra McDonald from the television series Private Practice and David Hyde Pierce. Watch…

And as a bonus, a special message from Ana Ortiz to anti-gay New York State Senator Ruben Diaz: “You are behind the times papi!”