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365Gay.com
ACLU Lawsuit Claim:
Anything Gay Illegal
In School
From the Web, January
31, 2008
Ponce De Leon, Florida -- A
Florida high school is "trampling the First Amendment rights of students who
support equal rights for gay people", according to a federal lawsuit filed
Thursday by the American Civil Liberties Union.
In its lawsuit, the ACLU describes what it calls an atmosphere of fear and
censorship at Ponce de Leon High School, where the school board’s attorney
allegedly has said that expressions like a rainbow sticker may mean students are
members of an “illegal organization.”
"All any of us wants to do is be able to talk about gay rights issues without
having to be scared," said Heather Gillman, a 16-year-old junior at the school.
"Nobody should have to worry about being kicked out of school just for having a
rainbow sticker on your notebook."
The dispute began last fall said Gillman.
The ACLU sent a letter in November to the school board’s attorney on behalf of
Gillman, asking for clarification as to whether a variety of symbols and
slogans, such as the rainbow flag or “I support my gay friends,” would be
allowed at the school.
The school district replied that it would not allow any expressions of support
for gay rights at all because such speech would "likely be disruptive."
The district then said that such symbols and slogans were signs that students
were part of a "secret/illegal organization." according to the ACLU.
The ACLU became involved after Gillman and other students approached it saying
there was atmosphere at the school in which students said they were routinely
intimidated by school officials for things such as writing "gay pride" on their
arms and notebooks or wearing rainbow-themed clothing.
According to students, problems began in September when a lesbian student tried
to report to school officials that she was being harassed by other students
because she is a lesbian. Instead of addressing the harassment, students
say the school responded with intimidation and censorship.
"Because the Supreme Court has held that students have a right to free speech at
school unless that speech disrupts the educational process, many administrators
think they can just slap the label ‘disruptive’ on anything they don’t like and
get away with stomping on students’ First Amendment rights," said Benjamin James
Stevenson, a staff attorney for the ACLU of Florida.
"The law doesn’t work that way," said Stevenson. "School should be a
marketplace of ideas, where students share new ideas and learn about themselves
and others. Just talking about gay rights or any other topic outside of
class isn’t inherently disruptive."
In the complaint filed Thursday, the ACLU asks the court for an injunction to
stop Ponce de Leon High School officials "from suppressing students’ First
Amendment rights in the future."
"Writing something like ‘I support gay rights’ on your notebook doesn’t mean
you’re part of some secret conspiracy or shadowy organization," said Christine
Sun, a staff attorney with the ACLU’s national Lesbian Gay Bisexual Transgender
Project.
"Schools shouldn’t be in the business of trying to frighten students into
silence."
Ponce de Leon is located halfway between Pensacola and Tallahassee, in Florida’s
panhandle. According to the school’s website, about 400 students are
enrolled there.
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