Federal Court Hears Gay Club Case
(Atlanta, Georgia) A federal court judge in Atlanta heard arguments Monday in a lawsuit brought by a White County High School student after administrators refused to allow the formation of a gay club.
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.
Today in court students from some of the groups that were allowed to meet testified before U.S. District Court Judge William O’Kelley.
The students said they regularly submitted notices that were read over the PA system promoting their meetings and events and that the school allowed them to put up posters.
Kerry Pacer, president of P.R.I.D.E., who has since graduated, testified that she was booed by students when she received a rose at a school gathering.
But principal Brian Dorsey told the court that non-curricular clubs were not supposed to meet on campus.
ACLU attorneys, however, presented copies of morning announcements that showed otherwise. The lawsuit alleges that White County school officials violated the Federal Equal Access Act.
“The law is crystal clear about how public schools have to treat student clubs: they have to treat them equally regardless of their viewpoint,” said Beth Littrell, a staff attorney with the ACLU of Georgia who represents several members of PRIDE and their parents.
“White County High School has been trying to get around that by saying it has banned all clubs, when in reality it’s been playing favorites and letting clubs that administrators like continue to meet. Students at White County High School have a right to decide for themselves which clubs they want to participate in, and that right has been trampled by the school.”
O’Kelley did not indicate when he would rule.