NationStates Jolt Archive


Federal Judge: FL. gay student club must be allowed to meet

The Cat-Tribe
12-03-2009, 01:25
A federal judge has ruled that a student club that promotes tolerance for gays at a north Florida high school must be allowed to meet and may use the name "Gay-Straight Alliance." This should have been a total non-brainer, but apparently the school district is run by bigoted idiots.

ACLU Wins Preliminary Injunction in Yulee High School Gay-Straight Alliance Lawsuit: Judge Rejects School’s Attempt to Ban Use of Name ‘Gay-Straight Alliance’ (http://www.aclufl.org/news_events/?action=viewRelease&emailAlertID=3718)
ACLU PRESS RELEASE: March 11, 2009

JACKSONVILLE, Fla. – U.S. District Judge Henry Lee Adams, Jr. today issued a preliminary injunction in a lawsuit filed by the ACLU of Florida seeking to force Nassau County School officials to uphold students’ right to equal access,. The order prohibits the School District from refusing to recognize the Gay Straight Alliance (“GSA”) as long as other student organizations are given official recognition. The GSA ‘s mission is to help curb bullying and harassment against LGBT students and to discuss harassment and discrimination. The ACLU of Florida filed the lawsuit on behalf of two students and the GSA after Yulee High School officials unlawfully denied the students permission to form a Gay-Straight Alliance (GSA).

“This is a victory for our clients, for the Yulee High GSA, and indeed for gay and straight kids all across America,” said Robert Rosenwald, ACLU of Florida LGBT Advocacy Project Director and lead counsel for the students. “Time and time again, we’ve seen discrimination and intolerance struck down by the courts in these cases, and for every school that wishes to cross the line, we’ll be here to defend the students.”

The judge made the ruling today citing an earlier ACLU of Florida case, Gonzalez v. Sch. Bd. Of Okeechobee Co., where the court rejected the school board’s argument that such a club would interfere with “discipline in the operation of the school,” noting that the “Defendant’s position is not well founded and Plaintiffs have established a substantial likelihood of success on the merits.”

In addition to allowing the club to meet on campus, the judge’s order prohibits the school from forcing the club to change its name, as the principal had previously demanded in reciprocation for club recognition. The order also prohibits the school from interfering with the club’s goals of advocating “for tolerance, respect and equality of gay, lesbian, bisexual, and transgender people,” and forbids any retaliation by the school.

“Gay and straight students deserve a learning atmosphere that promotes tolerance. That is exactly what these students are promoting, and it’s a lesson that we hope the school officials will learn from them,” Rosenwald added.

School administrators at Yulee High School repeatedly denied student requests for permission to form a Gay Straight Alliance (GSA) and to hold meetings at the school this year, and previously at Yulee Middle School in the 2007-2008 school year. On February 10, 2009 the ACLU sued the Nassau County Schools to enforce the right of students to form a GSA and to obtain equal access to the school, similar to the rights enjoyed by other extracurricular clubs that meet on campus.

The ACLU has won other recent GSA cases across the country, from Madera, California to White County, Georgia and most recently in Okeechobee, Florida.

GSAs are student organizations comprised of straight and gay students who wish to put an end to bullying, harassment and discrimination against lesbian, gay, bisexual and transgender (LGBT) students. Bullying of LGBT students in Nassau County Schools is a serious problem, as ACLU plaintiffs Hannah Page and Jacob Brock, who are gay, report that students have threatened to beat them up based on their sexual orientation, and both are routinely called derogatory names at the school. Ms. Page reported that they just want the club so that straight and gay kids can get together to talk about the harassment and the discrimination against gay kids in an open environment.

Gay-Straight Alliance of Yulee High School vs. School Board of Nassau County was filed in the Jacksonville Division of the U.S. District Court for the Middle District of Florida. Robert Rosenwald, Director of the ACLU of Florida’s LGBT Advocacy Project is lead counsel for the ACLU case, along with Randall Marshall, ACLU of Florida Legal Director; Maria Kayanan, Associate Legal Director; and Shelbi Day, ACLU of Florida LGBT staff attorney.

Download a 12-page PDF of the court's order granting the injunction here. (http://www.aclufl.org/pdfs/YuleePIwin.pdf)

Download a 21-page PDF of the original Complaint here. (http://www.aclufl.org/pdfs/YuleeComplaint.pdf)

Students can learn more about their rights by downloading a free copy of the ACLU of Florida’s Student Rights Handbook here (34pg, pdf) (http://www.aclufl.org/issues/students/StudentHandbook_FINAL.pdf).

As I indicated, I think that under both the First Amendment and the Equal Access Act (http://en.wikipedia.org/wiki/Equal_Access_Act), 20 U.S.C. § 4071 (http://www.law.cornell.edu/uscode/html/uscode20/usc_sec_20_00004071----000-.html), this was an obvious outcome and I can't believe the school district was being so unreasonable in the first place--except that bigotry often exceeds my expectations. The EAA provides:

It shall be unlawful for any public secondary school which receives Federal financial assistance and which has a limited open forum to deny equal access or a fair opportunity to, or discriminate against, any students who wish to conduct a meeting within that limited open forum on the basis of the religious, political, philosophical, or other content of the speech at such meetings.

FWIW, the School District argued that it did not have to provide equal access to the GSA because: (1) an incident at a middle school involving one of the plaintiffs demonstrats the GSA may be disruptive; (2) there is no limited open forum at Yulee High regarding sexual orientation discussion; and (3) the group's message violates Florida's abstinence-only policy. The court found these excuses ridiculous.

I'm sure many of you will agree with me that this school district's actions were outrageous and the federal court is right. Anyone disagree? Or have comments?
Galloism
12-03-2009, 01:28
Cat, before you get too surprised and all that, two words:

America's Penis.
Heikoku 2
12-03-2009, 01:28
Anyone disagree?

Oh, trust me, some people will. I'm not one of them, mind you.
Ifreann
12-03-2009, 01:30
Seems like a perfectly sensible decision. Pity the school board is allergic to sense.


Also, in b4 God hate Florida
Gauthier
12-03-2009, 01:30
A victory for Gay Islamic Orcs is a severe setback for Real Americans™.
The One Eyed Weasel
12-03-2009, 01:30
Definitely a positive step.

EDIT: Actually wouldn't it be easier for bullies to get to these kids now? You know them being in one place and all. Good job Judge.
Blouman Empire
12-03-2009, 01:35
I'm sure many of you will agree with me that this school district's actions were outrageous and the federal court is right. Anyone disagree? Or have comments?

Does it really matter?
Skallvia
12-03-2009, 01:36
apparently the school district is run by bigoted idiots.



I coulda told you that, Im fairly certain that its a requirement to get on the Board, lol...
Ifreann
12-03-2009, 01:37
Does it really matter?

The decision or people disagreeing/having comments?
Neo Art
12-03-2009, 01:40
Wait, let me get this straight. A school tried to stop a gay tolerance organization from meeting?

Either they are extremely bigoted, or incredibly dedicated to the concept of irony.
Ryadn
12-03-2009, 01:43
We had a gay-straight alliance club at our high school. Naturally, I joined it in the hopes of seeing boys make out. ...and to promote tolerance and equality and all that stuff. But also boys making out!

Sometimes I forget to appreciate how great it was to grow up in the Bay.
Gauthier
12-03-2009, 01:43
Wait, let me get this straight. A school tried to stop a gay tolerance organization from meeting?

Either they are extremely bigoted, or incredibly dedicated to the concept of irony.

Florida. America's Penis. Mark Foley. 2000 Election. Surprised?
The Cat-Tribe
12-03-2009, 01:44
Does it really matter?

Does what matter?

If nothing else, if someone disagrees with the decision or me, it will give me a fun opportunity to lay on a smack-down. :wink:
Galloism
12-03-2009, 01:44
We had a gay-straight alliance club at our high school. Naturally, I joined it in the hopes of seeing boys make out. ...and to promote tolerance and equality and all that stuff. But also boys making out!

Sometimes I forget to appreciate how great it was to grow up in the Bay.

I need to teach you the value of something called "The Internet". Please come sit on Uncle Galloism's lap and I'll tell you all about it.
Ifreann
12-03-2009, 01:44
Wait, let me get this straight. A school tried to stop a gay tolerance organization from meeting?

Either they are extremely bigoted, or incredibly dedicated to the concept of irony.

http://3.bp.blogspot.com/_8P2zpbtwXag/SIjEyOp8j-I/AAAAAAAABCk/eV3maZsl2sw/s400/30149C74D4C6413B9A2F044D685FC2B0.jpg
I need to teach you the value of something called "The Internet". Please come sit on Uncle Galloism's lap and I'll tell you all about it.
It's a trap!
Skallvia
12-03-2009, 01:45
Does what matter?

If nothing else, if someone disagrees with the decision or me, it will give me a fun opportunity to lay on a smack-down. :wink:

I DISAGREE WITH THE DECISION AND YOU!!!!!!!



It shouldve been written in bolder letters
Ryadn
12-03-2009, 01:46
Wait, let me get this straight. A school tried to stop a gay tolerance organization from meeting?

Either they are extremely bigoted, or incredibly dedicated to the concept of irony.

Why do you have to make things "straight"? Stop oppressing everyone with your heterosexism!
Ryadn
12-03-2009, 01:47
I need to teach you the value of something called "The Internet". Please come sit on Uncle Galloism's lap and I'll tell you all about it.

That was many years ago, before I knew the internet contained such greatness. Also before I knew college contained such greatness. :P
Galloism
12-03-2009, 01:48
That was many years ago, before I knew the internet contained such greatness. Also before I knew college contained such greatness. :P

You can sit on my lap anyway........
Ryadn
12-03-2009, 01:52
You can sit on my lap anyway........

Okay. Just let me set my taser to "deep fry"... there we go!
Galloism
12-03-2009, 01:55
Okay. Just let me set my taser to "deep fry"... there we go!

So violent. I'm just a poor innocent southern boy and you want to tase me.

Don't tase me bro.
The Cat-Tribe
12-03-2009, 01:56
I DISAGREE WITH THE DECISION AND YOU!!!!!!!


"I can't deal with this idiot, yeah I must admit that he's a punk ass bitch

You open up your mouth-a, amazed at what comes out-a
Its just a testimony that you're full of bologna ... That you have got no class, no style, no social skills, no comprehension"

~Wheatus (http://www.wheatus.com/), "Punk-Assed Bitch" (video (http://www.youtube.com/watch?v=3IIDiVsOeCM), lyrics (http://www.sing365.com/music/lyric.nsf/Punk-Assed-Bitch-lyrics-Wheatus/9E324E4541C5691D48256B4F00138DB9))

:D
Blouman Empire
12-03-2009, 02:00
The decision or people disagreeing/having comments?

Does what matter?

If nothing else, if someone disagrees with the decision or me, it will give me a fun opportunity to lay on a smack-down. :wink:

If people on these forums agree or disagree with this decision. What are we going to achieve?

Apart from your fun times :) Carry on good sir. :tongue:
Ifreann
12-03-2009, 02:02
If people on these forums agree or disagree with this decision. What are we going to achieve?

A big thread, which is all I can hope for in these no-spamming times.
Skallvia
12-03-2009, 02:04
If people on these forums agree or disagree with this decision. What are we going to achieve?


Idk, There are 71 people from across the globe looking at NSG...

If those peoples opinions are swayed, followed by their friends, families, and their friends and families, and theirs...and so on and so forth...

And those people vote, and the politicians they vote for vote for things that are in accordance with the thread...

then Id wager alot would be accomplished...
Blouman Empire
12-03-2009, 02:08
Idk, There are 71 people from across the globe looking at NSG...

If those peoples opinions are swayed, followed by their friends, families, and their friends and families, and theirs...and so on and so forth...

And those people vote, and the politicians they vote for vote for things that are in accordance with the thread...

then Id wager alot would be accomplished...

71 people across the globe doesn't equate much to change an election. Even if there friends are being swayed they too have other influences which can sway them other ways. Don't mind me I am just in a mood about some of the arguing on these threads when we argue about a law being right or wrong, is there much point? There probably is but this is not the thread to discuss that. As I say I am in a mood.
The Cat-Tribe
12-03-2009, 02:10
If people on these forums agree or disagree with this decision. What are we going to achieve?

What does any debate or discussion in these forums achieve? I thought debate and discussion were valued in and of themselves here.

Apart from your fun times :) Carry on good sir. :tongue:

Thanks. :wink:
greed and death
12-03-2009, 02:12
unfortunately the governor of Florida said
the court has made its ruling, now let it enforce it.

or was that Andrew Jackson.
Blouman Empire
12-03-2009, 02:14
Thanks. :wink:

I may just indulge you in that, give me a few hours to think of some decent arguments against the court's decision. Then you can give me a smack down.
Lunatic Goofballs
12-03-2009, 02:35
So violent. I'm just a poor innocent southern boy and you want to tase me.

Don't tase me bro.

It's not so bad once you get used to it. :)
Tmutarakhan
12-03-2009, 02:37
Cat, before you get too surprised and all that, two words:

America's Penis.
Actually, this could have happened in any number of states, including mine.
Wait, let me get this straight. A school tried to stop a gay tolerance organization from meeting?

Either they are extremely bigoted, or incredibly dedicated to the concept of irony.
Real Irony: the "Equal Access Act" on which this decision rested was passed by Republicans, to prevent schools from forbidding Bible Study Clubs.
Heikoku 2
12-03-2009, 02:39
Real Irony: the "Equal Access Act" on which this decision rested was passed by Republicans, to prevent schools from forbidding Bible Study Clubs.

Nice...
Lunatic Goofballs
12-03-2009, 02:39
Real Irony: the "Equal Access Act" on which this decision rested was passed by Republicans, to prevent schools from forbidding Bible Study Clubs.

Yay! :D
New Limacon
12-03-2009, 03:56
Real Irony: the "Equal Access Act" on which this decision rested was passed by Republicans, to prevent schools from forbidding Bible Study Clubs.

Wasn't there some Supreme Court decision, too, that said schools couldn't stop the creation of non-disruptive student organizations?
I don't exactly understand what the school was objecting to (and while I appreciate the effort The Cat-Tribe has taken in giving links, I'm not going to download twelve pages of PDF files): did it want the club to change its name, or did it want to ban the club completely?
The Scandinvans
12-03-2009, 04:16
It would be one thing if they required a minimum number of members, like something of 5 members, but such restrictions as to limit people based on sexual orientation is stupid.
Muravyets
12-03-2009, 05:11
Yay! Excellent decision.

Also, I just love the idea that promoting tolerance will be bad for school discipline. Yeah, right, because as history has taught us, nothing keeps the mobs marching in lockstep better than giving them a scapegoat to attack.

Fuck Florida. I wish these kids and others like them good luck in trying to reclaim that swamp for humanity.

We had a gay-straight alliance club at our high school. Naturally, I joined it in the hopes of seeing boys make out. ...and to promote tolerance and equality and all that stuff. But also boys making out!

Sometimes I forget to appreciate how great it was to grow up in the Bay.
You should have been at my high school. We didn't need a GSA. Alumnus Harvey "Torch Song Trilogy" Fierstein called it "the only all-gay high school" in America. He was wrong. It was only half gay. The other half was lonely. But you could see all the boys making out you liked. :D

Actually, this could have happened in any number of states, including mine.

Real Irony: the "Equal Access Act" on which this decision rested was passed by Republicans, to prevent schools from forbidding Bible Study Clubs.
Sweet. That's just beautiful :D
New Mitanni
12-03-2009, 05:42
Tim to (1) impeach another federal judge and (2) abolish public education in favor of private education.
Hydesland
12-03-2009, 05:43
Tim to (1) impeach another federal judge and (2) abolish public education in favor of private education.

What exactly are you, a fascist? I mean, I guess it's good you don't beat around the bush any more.
Gauthier
12-03-2009, 05:47
Tim to (1) impeach another federal judge and (2) abolish public education in favor of private education.

There's neither impeachment nor private education in Mordor, manthing.
North Defese
12-03-2009, 06:00
My state (Arizona) is pretty indifferent to the gay thing.
They are very...open...about their decision...
I dont care what or who they do, just dont slap my ass and I have no problem with it.
(For the women, this rule can be ignored.... :D)
Pissarro
12-03-2009, 06:26
What exactly are you, a fascist? I mean, I guess it's good you don't beat around the bush any more.

Actual fascists wouldn't approve of private education.
Blouman Empire
12-03-2009, 06:40
Also, I just love the idea that promoting tolerance will be bad for school discipline. Yeah, right, because as history has taught us, nothing keeps the mobs marching in lockstep better than giving them a scapegoat to attack.

Well it depends on how they go about doing it.
Heikoku 2
12-03-2009, 06:49
Tim to (1) impeach another federal judge and (2) abolish public education in favor of private education.

"Waaaah! Big mean judges won't let my kids bully gays no more! Waaaah!"

Here you are, Leeroy, hoping a judge gets impeached for doing something harmless you disagree with.

Do you know how much power you wield?

NONE.

Enjoy that fact. Gays will get equal rights, people will stop mistreating those different from them, separation between Church and State will get stronger, and there's NOTHING you can do about it.

Your views will soon be seen as the relics they are! Your opinions will be reduced to museum pieces, your ideology will become a roadside freak-show.

And yet, you lie there, powerless to do anything against it.

Anything but moan online.

"Fort Sumpter", "pre-empt now", "privatize schools", "impeach the judge"...

Those are but cries for help.

If you learned to develop an ideology that is not a relic, you would not be needing them. But, if it gets you through the night, by all means do so: I, too, enjoy the swan song of your beliefs.
Blouman Empire
12-03-2009, 06:57
Enjoy that fact. Gays will get equal rights, people will stop mistreating those different from them, separation between Church and State will get stronger, and there's NOTHING you can do about it.

You know these sorts of gloats before you have achieved your aims (depending on the strength of the person) can make them fight harder to hit their objectives. Belittling them beforehand can make it harder on yourself.

I am almost* tempted to go out and fight against you with your self centred better then you attitude.

*Almost, if it wasn't really against what I believed :wink: Well except for your extreme views on separation of church and state, not the entire view just some of your arguments and complaints about it not being separated seem a bit whack. Yeah I'm just rambling on again fell free to ignore it. :)
Heikoku 2
12-03-2009, 06:59
You know these sorts of gloats before you have achieved your aims (depending on the strength of the person) can make them fight harder to hit their objectives. Belittling them beforehand can make it harder on yourself.

And Leeroy can do what*?

*: Except for running into a cave full of monsters shouting his own name and messing up the entire trip.
Blouman Empire
12-03-2009, 07:03
And Leeroy can do what*?

*: Except for running into a cave full of monsters shouting his own name and messing up the entire trip.

No scratch that I know who Leeroy is but what has that got to do with anything?
Heikoku 2
12-03-2009, 07:05
Who the fuck is Leroy?

Leeroy Jenkins. (http://en.wikipedia.org/wiki/Leeroy_Jenkins)

NM got this moniker after saying "Fort sumpter" when Obama got elected and people comparing his call to Leeroy Jenkins' one.
Ryadn
12-03-2009, 07:07
Tim to (1) impeach another federal judge and (2) abolish public education in favor of private education.

Who's Tim?
Blouman Empire
12-03-2009, 07:07
Leeroy Jenkins. (http://en.wikipedia.org/wiki/Leeroy_Jenkins)

NM got this moniker after saying "Fort sumpter" when Obama got elected and people comparing his call to Leeroy Jenkins' one.

Ahh, my edit is not fast enough.

As for what he can do, well I don't know his exact circumstances but if he wanted to he could log off NSG get out there start talking to people who share like minded thoughts and then start influencing the mindless masses into what he wants to believe.
Delator
12-03-2009, 07:12
Tim to (1) impeach another federal judge and (2) abolish public education in favor of private education.

Obvious troll is obvious
Heikoku 2
12-03-2009, 07:13
if he wanted to he could log off NSG get out there start talking to people who share like minded thoughts and then start influencing the mindless masses into what he wants to believe.

Remember who we're talking about.
Blouman Empire
12-03-2009, 07:48
Remember who we're talking about.

Yeah but I'm just saying. Anyway I don't follow NM's posts that often they just aren't that interesting to read.
Risottia
12-03-2009, 10:47
A victory for Gay Islamic Orcs is a severe setback for Real Americans™.

Gay Orcs? I always thought Orcs were quite the macho latino type.
Elves and hobbitses are quite gayer. Expecially Sam Gamgee and Legolas.
Risottia
12-03-2009, 10:49
Actual fascists wouldn't approve of private education.

Unless issued by the Vatican, that is.

http://en.wikipedia.org/wiki/Lateran_Treaty
Newer Burmecia
12-03-2009, 11:08
Tim to (1) impeach another federal judge and (2) abolish public education in favor of private education.
I'll quote you on this if a court ever has to rule that a Christian or Bible study club be allowed to meet.
greed and death
12-03-2009, 11:12
Charlie Crist deployed the national guard to prevent the club from meeting.
Vervaria
12-03-2009, 18:04
Tim to (1) impeach another federal judge and (2) abolish public education in favor of private education, because I, random internet troll, SAID SO!

Fixed.

@greed and death: Really?
Knights of Liberty
12-03-2009, 18:06
Tim to (1) impeach another federal judge and (2) abolish public education in favor of private education.

Its funny. A federal judge was merely following a law the right passed in order to protect Christians. Learn your lessons. In the future, make sure to write a "Does not apply to queers" clause in all your laws.
Vervaria
12-03-2009, 18:10
Its funny. A federal judge was merely following a law the right passed in order to protect Christians. Learn your lessons. In the future, make sure to write a "Does not apply to queers, atheists, ebil moslems, and libs" clause in all your laws.

Fixed.:p
The Cat-Tribe
12-03-2009, 18:24
Tim to (1) impeach another federal judge and (2) abolish public education in favor of private education.

Oooh, that is so cute. Funny troll hates American and American values. :wink:

EDIT: Obviously you are entitled to an opinion and it may even have merit, but these drive-by outrageous statements only make you look bad.
greed and death
12-03-2009, 19:28
@greed and death: Really?

no... just wanting to add some civil rights comparison type stuff.
Katganistan
12-03-2009, 19:35
Actually wouldn't it be easier for bullies to get to these kids now? You know them being in one place and all. Good job Judge.


So it's PROTECTING THEM when we don't allow them free assembly like every other American, and deny them basic rights on the basis of their orientation....


Yeah.... I gagged when I typed that.
Heikoku 2
12-03-2009, 19:37
So it's PROTECTING THEM when we don't allow them free assembly like every other American.


Yeah.... I can't believe I typed that either.

There, there... *Hugs*
Katganistan
12-03-2009, 19:42
Tim to (1) impeach another federal judge and (2) abolish public education in favor of private education.
:rolleyes:

Translation from Real American Redneck(tm): OMG! OMG! THE WRONG AMERICANS GET TO USE THEIR CONSTITUTIONAL RIGHTS THE **WRONG** WAY! OMG OMG! THE JUDICIAL SYSTEM WORKS AND PREVENTS ME FROM IMPOSING MY FASCIST VIEWS ON EVERYONE! OMG OMG! LET'S TAKE AWAY EDUCATION SO EVERYONE CAN BE AN IGNORAMUS AND RIGHT-THINKING PEOPLE LIKE ME CAN CONTROL THEM!
Heikoku 2
12-03-2009, 19:44
::roll::
In other words: OMG! OMG! PEOPLE ARE USING THEIR CONSTITUTIONAL RIGHTS THE WRONG WAY! OMG OMG! THE JUDICIAL SYSTEM WORKS AND PREVENTS ME FROM IMPOSING MY VIEWS ON EVERYONE! OMG OMG! LET'S TAKE AWAY EDUCATION SO EVERYONE CAN BE AN IGNORAMUS AND RIGHT THINKING PEOPLE LIKE ME CAN CONTROL THEM!

Work the shoulders! Work the shoulders! Now a jab... :D
The One Eyed Weasel
12-03-2009, 20:57
So it's PROTECTING THEM when we don't allow them free assembly like every other American, and deny them basic rights on the basis of their orientation....


Yeah.... I gagged when I typed that.

Wow didn't read the first part of my post, eh?

Learn to take a joke.
Modzer0
12-03-2009, 21:32
Tim to (1) impeach another federal judge and (2) abolish public education in favor of private education.

Whose Tim?
Katganistan
12-03-2009, 21:34
Wow didn't read the first part of my post, eh?

Learn to take a joke.
Oh I'm sorry, was that a joke? When you type EDIT and add something sarcastic like Way to go, I would wager that most people take it as negating the statement previously before it.

Learn not to garble your message.
Glorious Freedonia
12-03-2009, 21:44
A federal judge has ruled that a student club that promotes tolerance for gays at a north Florida high school must be allowed to meet and may use the name "Gay-Straight Alliance." This should have been a total non-brainer, but apparently the school district is run by bigoted idiots.

ACLU Wins Preliminary Injunction in Yulee High School Gay-Straight Alliance Lawsuit: Judge Rejects School’s Attempt to Ban Use of Name ‘Gay-Straight Alliance’ (http://www.aclufl.org/news_events/?action=viewRelease&emailAlertID=3718)
ACLU PRESS RELEASE: March 11, 2009

JACKSONVILLE, Fla. – U.S. District Judge Henry Lee Adams, Jr. today issued a preliminary injunction in a lawsuit filed by the ACLU of Florida seeking to force Nassau County School officials to uphold students’ right to equal access,. The order prohibits the School District from refusing to recognize the Gay Straight Alliance (“GSA”) as long as other student organizations are given official recognition. The GSA ‘s mission is to help curb bullying and harassment against LGBT students and to discuss harassment and discrimination. The ACLU of Florida filed the lawsuit on behalf of two students and the GSA after Yulee High School officials unlawfully denied the students permission to form a Gay-Straight Alliance (GSA).

“This is a victory for our clients, for the Yulee High GSA, and indeed for gay and straight kids all across America,” said Robert Rosenwald, ACLU of Florida LGBT Advocacy Project Director and lead counsel for the students. “Time and time again, we’ve seen discrimination and intolerance struck down by the courts in these cases, and for every school that wishes to cross the line, we’ll be here to defend the students.”

The judge made the ruling today citing an earlier ACLU of Florida case, Gonzalez v. Sch. Bd. Of Okeechobee Co., where the court rejected the school board’s argument that such a club would interfere with “discipline in the operation of the school,” noting that the “Defendant’s position is not well founded and Plaintiffs have established a substantial likelihood of success on the merits.”

In addition to allowing the club to meet on campus, the judge’s order prohibits the school from forcing the club to change its name, as the principal had previously demanded in reciprocation for club recognition. The order also prohibits the school from interfering with the club’s goals of advocating “for tolerance, respect and equality of gay, lesbian, bisexual, and transgender people,” and forbids any retaliation by the school.

“Gay and straight students deserve a learning atmosphere that promotes tolerance. That is exactly what these students are promoting, and it’s a lesson that we hope the school officials will learn from them,” Rosenwald added.

School administrators at Yulee High School repeatedly denied student requests for permission to form a Gay Straight Alliance (GSA) and to hold meetings at the school this year, and previously at Yulee Middle School in the 2007-2008 school year. On February 10, 2009 the ACLU sued the Nassau County Schools to enforce the right of students to form a GSA and to obtain equal access to the school, similar to the rights enjoyed by other extracurricular clubs that meet on campus.

The ACLU has won other recent GSA cases across the country, from Madera, California to White County, Georgia and most recently in Okeechobee, Florida.

GSAs are student organizations comprised of straight and gay students who wish to put an end to bullying, harassment and discrimination against lesbian, gay, bisexual and transgender (LGBT) students. Bullying of LGBT students in Nassau County Schools is a serious problem, as ACLU plaintiffs Hannah Page and Jacob Brock, who are gay, report that students have threatened to beat them up based on their sexual orientation, and both are routinely called derogatory names at the school. Ms. Page reported that they just want the club so that straight and gay kids can get together to talk about the harassment and the discrimination against gay kids in an open environment.

Gay-Straight Alliance of Yulee High School vs. School Board of Nassau County was filed in the Jacksonville Division of the U.S. District Court for the Middle District of Florida. Robert Rosenwald, Director of the ACLU of Florida’s LGBT Advocacy Project is lead counsel for the ACLU case, along with Randall Marshall, ACLU of Florida Legal Director; Maria Kayanan, Associate Legal Director; and Shelbi Day, ACLU of Florida LGBT staff attorney.

Download a 12-page PDF of the court's order granting the injunction here. (http://www.aclufl.org/pdfs/YuleePIwin.pdf)

Download a 21-page PDF of the original Complaint here. (http://www.aclufl.org/pdfs/YuleeComplaint.pdf)

Students can learn more about their rights by downloading a free copy of the ACLU of Florida’s Student Rights Handbook here (34pg, pdf) (http://www.aclufl.org/issues/students/StudentHandbook_FINAL.pdf).

As I indicated, I think that under both the First Amendment and the Equal Access Act (http://en.wikipedia.org/wiki/Equal_Access_Act), 20 U.S.C. § 4071 (http://www.law.cornell.edu/uscode/html/uscode20/usc_sec_20_00004071----000-.html), this was an obvious outcome and I can't believe the school district was being so unreasonable in the first place--except that bigotry often exceeds my expectations. The EAA provides:

It shall be unlawful for any public secondary school which receives Federal financial assistance and which has a limited open forum to deny equal access or a fair opportunity to, or discriminate against, any students who wish to conduct a meeting within that limited open forum on the basis of the religious, political, philosophical, or other content of the speech at such meetings.

FWIW, the School District argued that it did not have to provide equal access to the GSA because: (1) an incident at a middle school involving one of the plaintiffs demonstrats the GSA may be disruptive; (2) there is no limited open forum at Yulee High regarding sexual orientation discussion; and (3) the group's message violates Florida's abstinence-only policy. The court found these excuses ridiculous.

I'm sure many of you will agree with me that this school district's actions were outrageous and the federal court is right. Anyone disagree? Or have comments?

What is an "abstainence only policy"? It sounds dreadful.
Tmutarakhan
12-03-2009, 21:50
What is an "abstainence only policy"? It sounds dreadful.
High schoolers should not be taught anything about sex except: Don't ever do it!
For that matter: Don't ever even think about it!
Glorious Freedonia
12-03-2009, 21:56
High schoolers should not be taught anything about sex except: Don't ever do it!
For that matter: Don't ever even think about it!

That is terrible. Only in the South!
Kyronea
12-03-2009, 22:05
Leeroy Jenkins. (http://en.wikipedia.org/wiki/Leeroy_Jenkins)

NM got this moniker after saying "Fort sumpter" when Obama got elected and people comparing his call to Leeroy Jenkins' one.

For the sake of the CSA, it's Sumter, not "sumpter." Jesus Christ, you're as bad as people who misspell hamster.
Golugan
12-03-2009, 22:07
*remembers the GSA in his high school*

So, Florida is now less tolerant than the home of Larry the Cable Guy. At least the judge put them in their place.
Tmutarakhan
12-03-2009, 22:42
That is terrible. Only in the South!Unfortunately, no.
Blouman Empire
13-03-2009, 02:06
For the sake of the CSA, it's Sumter, not "sumpter." Jesus Christ, you're as bad as people who misspell hamster.

What's that about my pet hampster? :p
Ifreann
13-03-2009, 02:29
Mine is technically a hempster.
Katganistan
13-03-2009, 02:37
For the sake of the CSA, it's Sumter, not "sumpter." Jesus Christ, you're as bad as people who misspell hamster.
They're not misspelling it... the hampster is the result of Ron Weasley's broken wand and its comic inability to transform a rodent into a laundry basket in transmogrification class.
The One Eyed Weasel
13-03-2009, 02:43
Oh I'm sorry, was that a joke? When you type EDIT and add something sarcastic like Way to go, I would wager that most people take it as negating the statement previously before it.

Learn not to garble your message.

That's a losing wager then.
Der Teutoniker
13-03-2009, 02:50
I'm sure many of you will agree with me that this school district's actions were outrageous and the federal court is right. Anyone disagree? Or have comments?

Absolutely. My high school had a (student led, and run) Bible Study, and Prayer meeting, before school. Somehow many students thought that such things shouldn't be allowed, seperation of Church and State, and whatnot. The right of students, however, to congregate based on ideals is absolutely a right that we should all hold very dear.

I'm curious, though, that it really even came up. I'm very surprised that some people (in this case, the school administrators) are so unfamiliar with their jobs. The principal should probably be relieved for negligence of his job duties... he should at least have researched the issue... even if he merely suspended the meetings while he looked into it or something, it's not like it would take much digging to find out that the students have every right to do this.
Katganistan
13-03-2009, 02:52
That's a losing wager then.
No, it's called "English", and "logic" and "stringing things together coherently."

I'll give you an example:

"Boy, your post was smart!"
Edit: Not. Way to go, sport.
Der Teutoniker
13-03-2009, 02:58
separation between Church and State will get stronger

I don't understand why this would, or should happen. They are seperate... it seems like that is that.