Finding aid to the Lawrence Berner vs. John Briggs Collection, 1940-2004
Finding aid prepared by Tim Wilson
James C. Hormel Gay & Lesbian Center, San Francisco Public Library
100 Larkin Street
San Francisco, CA, 94102
(415) 557-4400
info@sfpl.org
2012
Title: Lawrence Berner vs. John Briggs Collection,
Date (inclusive): 1940-2004
Date (bulk): 1977-1982
Collection Identifier: GLC 75
Creator:
Berner, Lawrence, 1940-1995
Physical Description:
2.0 cartons
(2 cubic ft.)
Contributing Institution:
James C. Hormel Gay & Lesbian Center, San Francisco Public Library
100 Larkin Street
San Francisco, CA 94102
(415) 557-4567
info@sfpl.org
Abstract: The collection documents the legal suit brought by homosexual school teacher Lawrence Berner against California State Senator
John Briggs for defamation of character. Briggs had sponsored Proposition 6 which would have prevented gay and lesbian teachers
from teaching in California. The Briggs campaign singled out Berner. The case settled in Berner's favor in 1982.
Physical Location: The collection is stored onsite.
Language of Materials: Collection materials are in
English, with 3 items in Japanese.
Access
The collection is available for use during San Francisco History Center hours, with photographs available during Photo Desk
hours.
Publication Rights
All requests for permission to publish or quote from manuscripts must be submitted in writing to the City Archivist. Permission
for publication is given on behalf of the San Francisco Public Library as the owner of the physical items.
Preferred Citation
[Identification of item], Lawrence Berner vs. John Briggs Collection (GLC 75), Gay and Lesbian Center, San Francisco Public
Library.
Provenance
The collection was donated in three accessions (November 2011, May 2012, and September 2012) by Bernard Niechlanski for the
Estate of Rodger Brooks. Brooks was Lawrence Berner's life partner in the 1970s. When Berner moved to Japan, he left his papers
in Brooks' care; Berner died of AIDS in 1995. The case files were transferred from Heller, Ehrman, White & McAuliffe to Berner
in 1982.
Biographical Note
Lawrence Berner was born on July 27, 1940 in Elm Springs, Arkansas. He graduated from the University of Arkansas in 1962 with
a B.A in Psychology. From 1962-1966 he served in the U.S. Air Force and was honorably discharged in 1966. He attended Sonoma
State College from 1970-1972 and studied for an elementary education credential. From January 1972-August 1982 he was a second
grade school teacher for the Healdsburg Union Elementary Schools in Healdsburg, California.
John Briggs was a California politician who served in the State Assembly and in the Senate beginning in 1977. He sponsored
Proposition 6 (also known as the Briggs Initiative) for the 1978 General Election. Adoption of Prop. 6 would make it possible
to fire teachers based on homosexual acts or activities. The Briggs campaign singled out Berner as an example of a homosexual
teacher from whom school children needed protection.
In 1979, after the Briggs Initiative failed, Berner brought suit against Briggs for defamation of character. The suit also
named the California Defend Our Children Committee, National Broadcasting Co., K.N.B.C., Mrs. Lee Lee and Does I-XX. Lee Lee
was a member of the Healdsburg School Board.
Berner was represented by Jerel McCrary of Gay Rights Advocates, and by Stephen V. Bomse and Michael L. Rugen of the San Francisco
law firm Heller, Ehrman, White & McAuliffe. The case was settled in Berner's favor in 1982. In 1984 Berner moved to Japan
where he taught English. He learned he was HIV-positive in 1988, and was one of the first people to go public with his condition
in Japan. Berner died due to AIDS complications on January 25, 1995 in Tokyo.
Scope and Contents
The collection includes the documents filed for the legal case Lawrence Berner vs. John Briggs, additional supporting material
collected by Berner and his legal representatives, and audiotapes of Berner's speeches and interviews. The majority of the
material consists of newspaper clippings that document the activities and remarks made by Briggs and Berner in the months
leading up to the November 1978 California general election. Some additional materials concern Berner's life in Japan.
Arrangement
The collection is arranged into four series: Series 1. Case Files; Series 2. Lawrence Berner Papers; Series 3. Newspaper Clippings;
and Series 4. Audiovisual Materials.
Subjects and Indexing Terms
Berner, Lawrence, 1940-1995.
Briggs, John V., 1930- .
Gay liberation movement--California--San Francisco.
Gay men--California--Political activity.
Gay teachers--California.
Gays--Legal status, laws, etc.--California.
Homophobia in employment--California.
Homosexuality and education--California.
Lesbians--Legal status, laws, etc.--California.
Series 1
Case Files,
1964-1982
Physical Description:
1.2 boxes
Arrangement
The Case Files are arranged into three sections: Chronological File, Alphabetical File, and Exhibits.
Chronological file,
1978-1982
Physical Description:
33.0 folders
Arrangement
Arranged chronologically.
Scope and Contents
Contains originals and copies of the legal papers filed for the case. These include the original and amended complaint for
damages and depositions by John Briggs, Lawrence Berner, Lee Lee and others. Some depositions are annotated.
Box 1, Folder 1
Correspondence,
1978-1982
Box 1, Folder 3
Complaint for damages (defamation of character),
June 22, 1979
Box 1, Folder 4
Amended complaint,
November 14, 1979
Box 1, Folder 5
Summons on amended complaint,
November 30, 1979
Box 1, Folder 6
Deposition of Leona Ellen Lee,
August 22, 1980
Box 1, Folder 7
Deposition of Leona Ellen Lee [annotated],
August 22, 1980
Box 1, Folder 8
Answers and objections of Plaintiff Lawrence Berner to first set of interragatories propounded by Defendant John Briggs,
September 26, 1980
Box 1, Folder 9
Deposition of Lawrence Berner,
September 26, 1980
Box 1, Folder 10
Deposition of John V. Briggs. Mr. Rugen copy [annotated],
October 21, 1980
Box 1, Folder 11
Deposition of John V. Briggs; and Examination by Mr. Rugen,
October 21, 1980
Box 1, Folder 12
Plaintiff's further responses to Defendant Briggs' first set of interrogatories,
November 1980
General note
Includes May 29, 1980 Interrogatories.
Box 1, Folder 13
Deposition of Lawrence Berner,
February 4, 1981
Box 1, Folder 14
Deposition of Lawrence Berner. Michael L. Rugen copy. With notes. Includes photocopied newspaper articles,
February 4, 1981
Box 1, Folder 15
Deposition of Ernest van den Haag. Original with corrections in pencil,
July 30, 1981
Box 1, Folder 16
Deposition of Ernest van den Haag [annotated],
July 30, 1981
Box 1, Folder 17
D.E. Smuckler's Summary of quotable articles as of...,
October 27, 1981
Box 1, Folder 18
Deposition of Penelope McMillan [original],
December 18, 1981
Box 1, Folder 19
Deposition of Penelope McMillan [copy],
December 18, 1981
Box 1, Folder 20
Deposition of John F. McGrew,
December 21, 1981
Box 1, Folder 21
Deposition of John F. McGrew [annotated],
December 21, 1981
Box 1, Folder 22
Declaration of Michael L. Rugen in support of Plaintiff's motion to compel,
December 29, 1981
Box 1, Folder 23
Memorandum of points and authorities of Plaintiff Lawrence Berner to compel further answers to interrogatories and further
responses to requests for admission by Defendant John Briggs,
December 29, 1981
Box 1, Folder 24
Notice of motion of Plaintiff Lawrence Berner to compel further answers to interrogatories and further responses to requests
for admission by Defendants John Briggs,
December 29, 1981
Box 1, Folder 25
Notice of motion by Plaintiff to preclude testimony of Dr. Ernest van den Haag,
December 30, 1981
Box 1, Folder 26
Memorandum of points and authorities in support of Plaintiff's motion to exclude testimony of Dr. Ernest van den Haag,
December 30, 1981
Box 1, Folder 27
Declaration f Michael L. Rugen in support of Plaintiff's motion to exclude testimony of Dr. Ernest van den Haag,
December 30, 1981
Box 1, Folder 28
Proposed order,
December 30, 1981
Box 1, Folder 29
Michael L. Rugen. Proof of service by delivery,
December 30, 1981
Box 1, Folder 30
Proposed order,
January 4, 1982
Box 1, Folder 31
Further answers to interrogatories,
March 31, 1982
Box 1, Folder 32
Deposition of Arnold C. Forde [original and copy],
April 30, 1982
Box 1, Folder 33
Final accounting. Finances including David Kessler payment and Lawrence Berner settlement,
September 1 and 9, 1982
Alphabetical file,
1973-1982
Physical Description:
18.0 folders
Scope and Contents
These majority of these files contain copies of newspaper articles arranged by the name of the reporters. Files may include
memoranda about the strength of the article for use in the case, or notes on conversations with the reporters. The chronology
of events and the campaign literature folders are of particular interest. The files on Kessler and van den Haag contain photocopies
and reprints of scholarly articles on the subjects of homosexuality, teaching, and children.
Arrangement
Arranged alphabetically.
Box 1, Folder 34
Barnett, Catherine. Exhibits 25, 26a, 49,
1978
Box 1, Folder 35
Briggs' finances,
1978-1980
Box 1, Folder 36
Campaign literature "No on 6,"
1978
Box 1, Folder 37
Campaign literature "Vote Yes on Prop. 6,"
1978
Box 1, Folder 38
[Case notes on depositions (Lee Lee, Briggs, Berner, van den Haag), and items on emotional distress and libel law],
[1981-1982?]
Box 1, Folder 39
Chronological listing of events,
1977-1978
Box 1, Folder 40
Circulation information,
1981
Box 1, Folder 41
Healdsburg School District. Records pertaining to Lawrence Berner,
1973-1980
Box 1, Folder 42
Kessler, David R. Articles and curriculum vitae,
1982
General note
Includes articles written by Kessler and collected by him regarding gays and lesbians in the medical profession and the article
"Relating to Children: Gays as Role Models" by Dorothy I. Riddle (
Journal of Social Issues, 1978).
Box 1, Folder 43
McManus, Doyle. Exhibits 37 and 42,
1978
Box 1, Folder 44
McMillan, Penelope. Notes by Smuckler, and Exhibit 2,
1978, 1980
Box 1, Folder 46
Roberts, Jerry. Interoffice memo from D. Smuckler to C. Freibrug (Octo. 16, 1982), and Exhibit 24,
1978, 1981
Box 1, Folder 47
Shilts, Randy. Interoffice memo and Exhibit 39,
1978, 1981
Box 1, Folder 48
Stuckey, Michael. Exhibits 22, 44, 45, 47, 52, and 55,
1978
Box 1, Folder 49
Swartz, Susan. Interoffice meme and exhibits 4A, 40, and 51,
1978, 1981
Box 1, Folder 50
Todd, John. [Notes of telephone conversation],
undated
Box 1, Folder 51
van den Haag, Ernest,
1981
General note
Includes correspondence, articles by van den Haag, and notes on possible approaches to questioning.
Exhibits,
1964-1982
Physical Description:
5.0 folders
Scope and Contents
The majority of the exhibits files contain copies of newspaper articles published during the campaign. The Kessler file contains
photocopies and reprints of scholarly articles on the subjects of homosexuality, teaching, and children.
Arrangement
Arranged in original order.
Box 1, Folder 52
List of exhibits with notes on relevance and admissibility,
undated
Box 1, Folder 53
Exhibit A [David R. Kessler, M.D.],
1981-1982
Box 1, Folder 54
Exhibit B,
1964-1981
General note
Contains: State of Oregon, Department of Human Resources "Final Report of the Task Force on Sexual Preference" (December 1,
1978). Photocopied portions from the following books:
Pedophilia and Exhibitionism; a Handbook by J.W. M ohr, R.E. Turner, M.B. Jerry (University of Toronto Press, 1964);
Adult Sexual Interest in Children edited by Mark Cook (London: Academic Press, 1981);
Hidden Victims: the Sexual Abuse of Children by Robert L. Geiser (Boston: Beacon Press, 1979). Photocopies of several articles on adult and adolescent sexuality.
Box 2, Folder 2
Photocopies of exhibits,
1978-1979
Series 2
Lawrence Berner Papers,
1940-1984
Physical Description:
18.0 folders
Scope and Contents
The Berner Papers include non-trial material that documents aspects of Berner's life. Of particular interest are his speeches,
some of which are on notecards, and a folder of personal memorabilia. The memorabilia includes a copy of Berner's birth certificate,
confirmation program, graduation programs, transcripts, Air Force honorary discharge certificate, and resumes. It also includes
his remarks given on his 8th grade graduation and a charming story about his dog Blackie. Photographs of Berner in military
uniform are also in this series. The series also includes letters of support, two scholarly articles about the Briggs Initiative
and its effect on the gay rights movement, and a transcript of an interview with Berner after his lawsuit was settled.
Arrangement
Arranged alphabetically by folder title.
Box 2, Folder 3
Ballot measure, voter pamphlet,
November 1978
Box 2, Folder 4
"Defending Gay Rights: the Campaign Against the Briggs Amendment in California," (
Radical America, vol. 13 no.4),
July-August 1979
Box 2, Folder 5
John Mehring's "Interview with Larry Berner upon announcement of the settlement of Berner v. Briggs,"
[1982]
Box 2, Folder 8
[Notes on meetings and activities],
1978-[1979?]
Box 2, Folder 9
Personal memorabilia and vital records,
1940-1984
General note
Includes copy of birth certificate, church confirmation service program, eighth grade graduation speech, "My Dog: Blackie"
paper, high school and college diplomas, college transcripts, United States Air Force commissioning ceremony materials and
honorable discharge certificate, teaching credential certificates, November 1978 ballot stub, and resumes.
Box 2, Folder 10
Photographs,
1964, 1969, undated
General note
Includes Air Force uniform portrait, driver's license.
Box 2, Folder 11
Photographs. Contact sheet. Photography by Cookie (Oakland, California),
1978
Box 2, Folder 12
"Sexuality and the State: the Defeat of the Briggs Initiative and Beyond, " Interview with Amber Hollibaugh (
Socialist Review #45, vol.9, no. 3),
May-June 1979
Speeches,
1978-1979
Physical Description:
8.0 folders
Box 2, Folder 13
[Draft remarks regarding No on Proposition 6 campaign],
[1978]
Box 2, Folder 14
National Education Association Conference (17th: Washington, D.C.) includes draft remarks,
1979
General note
Includes
Report of the 17th Annual Conference on Human and Civil Rights in Education. Rise of the New Right: Human and Civil Rights
in Jeopardy
. Session: "Among Constitutional Rights: Whatever Happened to Privacy?" Berner was a panelist.
Box 2, Folders 15-19
[Remarks on notecards],
[1978]
Physical Description:
5.0 folders
Box 2, Folder 20
"You attack me because I am a role model...,"
[1978?]
Series 3
Newspaper Clippings,
1977-1982
Physical Description:
15.0 folders
Scope and Contents
Contains newspaper and magazine articles on gay political issues in Miami and California. Subjects include: John Briggs, Proposition
6 (also known as the Briggs Initiative), Anita Bryant, Lawrence Berner, Lee Lee, the California election of November 1978,
the Healdsburg School District, and the Berner vs. Briggs lawsuit and trial. Some of these articles were used as exhibits
in the lawsuit.
Arrangement
Arranged chronologically.
Series 4
Audiovisual Materials,
1978-2004, undated
Physical Description:
10.0 items
(8 audiocassette tapes, 1 DVD-ROM, 1 VHS)
Scope and Contents
The audiorecordings include an oral history with Berner that begins with his childhood and includes his experiences in the
Air Force and later. Several audiotapes address the Briggs Initiative and the reactions of the Healdsburg community both for
and against Proposition 6. "Memories of Rodger" is a video history of Rodger Brooks. It contains Rodger's recollections of
life with Berner in 1977-1978 during the Briggs campaign; it also describes his life from childhood through his years as an
HIV/AIDS survivor. Two tapes contain Berner's musings on life in Japan and his observations of cultural differences between
the United States and Japan.
Arrangement
Arranged alphabetically.
Briggs: "Scout Trip," "Heterosexual Molestation,"
[1978]
Physical Description:
1.0 audiotape
General note
Includes clips of two statements made by John Briggs: the first is about not wanting Berner on a scout trip; the other is
that "majority of child molestion cases are heterosexual teachers."
Briggs Initiative, Briggs Debate, Fruit Punch-KPFA,
1978
Physical Description:
1.0 audiotape
Healdsburg Interviews, Part II,
[1978]
Physical Description:
1.0 audiotape
General note
Larry Berner and Healdsburg community residents discuss their views on Proposition 6, gay and lesbian teachers, and the rights
of both teachers and parents.
[Japan 1] "Larry,"
[1984?]
Physical Description:
1.0 audiotape
General note
Side A contains Japanese-English vocabulary. Side B contains a stream-of-consciousness journal of Berner's experience in Japan
with friend Hiroshi.
[Japan 2] "Love, Larry,"
October 18, 1984
Physical Description:
1.0 audiotape
General note
Side A contains music. Side B contains Berner's journal of his life in Japan with friend Hiroshi.
[Japanese television program on AIDS with Berner on panel],
1994
Physical Description:
1.0 videotape
Languages represented: In Japanese.
Larry Berner Discussing Briggs Initiative,
undated
Physical Description:
1.0 audiotape
"Memories of Rodger" [videotaped history of Rodger Brooks],
[2004]
Physical Description:
1.0 item
(DVD-ROM)
[Oral history] Larry Berner (sessions 1-4),
undated
Physical Description:
2.0 audiotapes
