Saxe as an Erosion of Individual Protections: A Response to Colitti

Colitti asserts the United States Court of Appeals for the Third Circuit’s decision in Saxe v. State College Area School District[1] (2001) maligned a Pennsylvania public school board’s well-intended anti-harassment policy, thereby denying “constitutional protection to minority groups, especially gays.” Colitti’s analysis reflects a misguided understanding of the federal judiciary’s duty to interpret and apply the U.S. Constitution and a myopic perspective of the Saxe opinion