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Federal Court: School
Cannot
Deny Access To Gay Club
by 365Gay.com from the
Web, July 15, 2006
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Gainesville, Georgia, July 14
-- A federal judge ruled Friday that White County High School must allow
students in the gay-straight alliance club to meet on campus.
U-S District Court Judge William C. O'Kelley said that the school cannot deny
the GSA, called P.R.I.D.E., equal access or a fair opportunity to conduct
meetings on school premises during noninstructional time.
O'Kelley said that school officials had violated the Federal Equal Access Act by
barring the group from meeting on campus, while allowing other non-curricular
clubs to do so.
His ruling also said that the school cannot discriminate against student groups
on the basis of the religious, political, philosophical or other content of
their speech.
"This is a great victory for the lesbian and gay students and their friends at
White County High School who will finally be allowed to meet and can begin to
address the violence and harassment against gay students at the school," said
Beth Littrell, Associate Legal Director of the ACLU of Georgia.
"But it's also a victory for all students who have been shut out of
noncurricular school clubs and activities all year by the school's wrongheaded
attempts to prevent the GSA."
In February 2005 students were told they would be allowed to organize a
Gay-Straight Alliance, which later became Peers Rising In Diversity Education,
P.R.I.D.E..
About two weeks later about 250 angry parents attended a White County school
board meeting to protest the club and the board decided to ban all non-academic
clubs.
The move staved off a threatened suit by the American Civil Liberties Union on
behalf of the students, but when some of the non-academic clubs began holding
meetings on school property and have their meetings promoted during morning
announcements the ACLU filed a federal discrimination suit.
"This has been the best civics lesson ever," said Kerry Pacer, one of the
founders of PRIDE. "I couldn't believe the school was so unfair to us when
all we wanted to do was to try to address the violence and harassment against
gay students. I'm relieved that the court is going to make the school let
us meet."'
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