ACLU Supports High School Gay Tolerance Club
Courts Say Gay Rights Club Can Continue to Meet
This week, they won a small victory in the form of an injunction to allow the club to continue to meet while the lawsuit the ACLU filed on the club's behalf is waiting to be heard.
Yasmin Gonzalez sought to form the Gay-Straight Alliance at OHS, located in Okeechobee, Florida, to rally students when told she and her girlfriend could not attend the school prom as a couple. After attempting to form the Gay-Straight Alliance on campus, to promote gay tolerance and support gay rights, when the school district banned the group from meeting on campus, the group sought the support of the ACLU and filed a lawsuit against the district and the school's principal.
The lawsuit was filed on behalf of the students who had formed the Gay-Straight Alliance club at OHS by the ACLU, and originally included the school district and the school's principal. In February, the ACLU agreed to drop the principal as a defendant in the case.
The courts granted a temporary injunction that allowed the group to proceed with the lawsuit and continue to meet until such time as the lawsuit could be settled. In a 12-page ruling, US District Court Judge K. Michael Moore agreed with the ACLU and the Gay-Straight Alliance students that the district violated the Equal Access Act by banning the club from meeting on campus.
The Okeechobee School District argued that the Gay-Straight Alliance was a 'sex-based' club and therefore was excluded from meeting on the campus based on that determination, even though they had followed all other protocol for forming the club. In addition, the district determined that the club would be in violation of their 'abstinence only' policy.
This ruling is a landmark case for Florida, in that the judge determined that the Gay-Straight Alliance, and therefore, gay tolerance clubs, are not, in fact, sex-based. Judge Moore also indicated that the ACLU, on behalf of the Gay-Straight Alliance club, was likely to win in the lawsuit against the district, and therefore, the lawsuit could proceed and the club would be allowed to meet on campus until such time as the lawsuit was heard.
What this could mean is a general victory for the ACLU in their quest to prove that sexual orientation is not based solely on sexual activity. The students involved seemed hopeful that this will provide some support and tolerance for gays in high school, particularly in Florida, where many students at this particular high school have complained about taunting, violence, and bullying due to sexual orientation issues.
The Gay-Straight Alliance was formed so that gay, lesbian, bisexual, transgender and straight students could meet on campus to discuss and provide support for such issues as discrimination, bullying, taunting and teasing, as well as threats and violence issues.
Sources:
Published by Michy Lynn - Featured Contributor in Health & Wellness
Michy is an author & freelance writer, with a penchant for fiction, creative nonfiction and topics that pique her passion: alternative medicine, animals & pets, love & relationships, and her all-time favorit... View profile
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- Judge rules that the ACLU is likely to win their case, so the lawsuit can proceed and club can meet.
- Yasmin Gonzalez formed the club when she and her girlfriend were not allowed to attend prom together
13 Comments
Post a CommentNice article, only a moron thinks people choose to be gay. Why would they and put up with the crap they have to go through?
Great article. The school district comes off as hypocritical and bigoted. It sometimes seems as if people just are not able to go beyond their own opinions and ideas and accept that others have rights too. Unfortunately, even if it was proven that being gay is genetic, the anti-gay crowd would find another argument against it. A recent "Law and Order" episode had that twist, and the argument there went something like 'ok, it's genetic that you feel drawn to another of your own gender, but that's just another test from G-d, so simply choose not to sin like that even if you're drawn to it'.
Someday they're going to prove without a shadow of a doubt that being gay is an accident of birth and not a choice. When that day comes I wonder how the intolerant of the world will react.
Personally, I'm delighted to see a group of high school students that are proactive enough to file a lawsuit and make this particular stand. Too often we criticize the younger generation for indifference but it looks like some members of our generation could stand to learn some lessons from these students.
My high school also banned same-sex couples from the prom. Such pointless bullshit. Two boys or two girls going to prom together hurts no one. Forming a gay-straight alliance on campus hurts no one either. I am so tired of the negative attitude surrounding "gay". It's okay. Why does anyone else care who someone else is screwing, so long as it is consensual and not against the law (having sex with a minor, incest, sex with animals, etc).
I'm not suprised by the school district's actions--my high school also 'banned' gay couples from going to prom (though while I attended, no one tried to form any GLBT groups). I'm glad these students won the suit.
Good to hear, not always a fan of the ACLU, but the arguments against gay rights are silly. Well written article, keep it up.
I'm glad they won. Great reporting.
Michy, I will remove an l from usuall (first comment), and leave 5 stars and a digg instead. ;)
As usuall, another very well written and informative article. And I agree, good for them. Thank you for spotlighting these issues in such a non-biased, professional manor.