ACLU Sues Nassau County Schools to Enforce Right of Gay Straight Alliance to Meet at Yulee High School and Yulee Middle School
The SBNC superintendent said in a letter denying access to the GSA that groups with names referencing a specific sexual orientation would not be recognized and that even if the group changed its name to one not communicating a gay-specific mission, approval was uncertain.
“We just want the club so that straight and gay kids can get together to talk about harassment and discrimination against gay kids in an open environment. The school is discriminating against us and that’s exactly the kind of thing we want to talk about and prevent,” said Hannah Page, ACLU plaintiff and student at Yulee High School. “Other clubs and groups are allowed to meet on campus and we have that right too.”Bullying of LGBT students in Nassau County Schools is a serious problem. 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 school.
GSAs are student organizations made up of straight and gay students who wish to advocate for an end to bullying, harassment, and discrimination against lesbian, gay, bisexual, and transgender (“LGBT”) students. There are over 4,000 GSAs in the U.S., according to the Gay, Lesbian and Straight Education Network (GLSEN).
The federal Equal Access Act requires schools to grant access and official recognition to a GSA (and most other student groups) if the school allows any extracurricular groups to meet on campus. SBNC denied the Yulee GSA access and official recognition even though other student organizations, such as the Fellowship of Christian Athletes, meet regularly at YHS and YMS.
“We are taking a stand today because gay students are entitled to a safe and secure education. Gay and lesbian students deserve schools that heed the rule of law,” said Robert Rosenwald, Director of the ACLU of Florida’s LGBT Advocacy Project. “These students are trying to bring a message of equality and openness, and the lesson they are being taught is that
Yulee High School administrators believe discrimination against LGBT students is an acceptable policy. Discrimination and harassment by students will never end as long as schools discriminate themselves.”
The ACLU filed the suit alleging violations of the First Amendment and the Federal Equal Access Act, and seeks a preliminary injunction to force school officials to allow the GSA to meet at Yulee High School while the litigation makes its way to trial.
The ACLU of Florida recently won a similar federal case when school officials in Okeechobee, Florida refused to allow a GSA to meet at Okeechobee High School. The judge ruled that schools must provide for the well-being of gay students and cannot discriminate against the GSA. The Okeechobee County School Board paid $326,000.00 in attorneys’ fees for refusing to follow the law in that case. You can read more about the Okeechobee case at: http://www.aclufl.org/news_events/?action=viewRelease&emailAlertID=3654
The lawsuit was filed today 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’s case, Gay-Straight Alliance of Yulee High School v. School Board of Nassau County. LGBT Advocacy Project staff attorney Shelbi Day, ACLU of Florida legal director Randall Marshall, and associate legal director Maria Kayanan will also represent the plaintiffs.
A copy of the Complaint can be viewed at: http://www.aclufl.org/pdfs/YuleeComplaint.pdf
A copy of the motion for preliminary injunction can be viewed at: http://www.aclufl.org/pdfs/YuleePI.pdf
Students can learn more about their rights by downloading a free copy of the ACLU of Florida’s Student Rights Handbook at: www.aclufl.org.
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Original source : http://gay_blog.blogspot.com/2009/02/aclu-sues-nas…
ACLU Sues Nassau County Schools to Enforce Right of Gay Straight Alliance to Meet at Yulee High School and Yulee Middle School
The SBNC superintendent said in a letter denying access to the GSA that groups with names referencing a specific sexual orientation would not be recognized and that even if the group changed its name to one not communicating a gay-specific mission, approval was uncertain.
“We just want the club so that straight and gay kids can get together to talk about harassment and discrimination against gay kids in an open environment. The school is discriminating against us and that’s exactly the kind of thing we want to talk about and prevent,” said Hannah Page, ACLU plaintiff and student at Yulee High School. “Other clubs and groups are allowed to meet on campus and we have that right too.”Bullying of LGBT students in Nassau County Schools is a serious problem. 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 school.
GSAs are student organizations made up of straight and gay students who wish to advocate for an end to bullying, harassment, and discrimination against lesbian, gay, bisexual, and transgender (“LGBT”) students. There are over 4,000 GSAs in the U.S., according to the Gay, Lesbian and Straight Education Network (GLSEN).
The federal Equal Access Act requires schools to grant access and official recognition to a GSA (and most other student groups) if the school allows any extracurricular groups to meet on campus. SBNC denied the Yulee GSA access and official recognition even though other student organizations, such as the Fellowship of Christian Athletes, meet regularly at YHS and YMS.
“We are taking a stand today because gay students are entitled to a safe and secure education. Gay and lesbian students deserve schools that heed the rule of law,” said Robert Rosenwald, Director of the ACLU of Florida’s LGBT Advocacy Project. “These students are trying to bring a message of equality and openness, and the lesson they are being taught is that
Yulee High School administrators believe discrimination against LGBT students is an acceptable policy. Discrimination and harassment by students will never end as long as schools discriminate themselves.”
The ACLU filed the suit alleging violations of the First Amendment and the Federal Equal Access Act, and seeks a preliminary injunction to force school officials to allow the GSA to meet at Yulee High School while the litigation makes its way to trial.
The ACLU of Florida recently won a similar federal case when school officials in Okeechobee, Florida refused to allow a GSA to meet at Okeechobee High School. The judge ruled that schools must provide for the well-being of gay students and cannot discriminate against the GSA. The Okeechobee County School Board paid $326,000.00 in attorneys’ fees for refusing to follow the law in that case. You can read more about the Okeechobee case at: http://www.aclufl.org/news_events/?action=viewRelease&emailAlertID=3654
The lawsuit was filed today 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’s case, Gay-Straight Alliance of Yulee High School v. School Board of Nassau County. LGBT Advocacy Project staff attorney Shelbi Day, ACLU of Florida legal director Randall Marshall, and associate legal director Maria Kayanan will also represent the plaintiffs.
A copy of the Complaint can be viewed at: http://www.aclufl.org/pdfs/YuleeComplaint.pdf
A copy of the motion for preliminary injunction can be viewed at: http://www.aclufl.org/pdfs/YuleePI.pdf
Students can learn more about their rights by downloading a free copy of the ACLU of Florida’s Student Rights Handbook at: www.aclufl.org.
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Original source : http://gay_blog.blogspot.com/2009/02/aclu-sues-nas…
ACLU Seeks Immediate Florida Supreme Court Hearing For Gay Adoptive Dad And His Children
MIAMI – The American Civil Liberties Union and lawyers for Martin Gill’s adopted children filed a request today in Florida’s Third District Court of Appeals seeking to expedite the appeal of last week’s court ruling that the ban on adoption by gay people violates the Florida constitution.
Everyone in this case agrees that prolonging a child’s stay in foster care is not in his best interest. The trial court found that these children are thriving in this home, and that there is no reason – scientific or other – that they should be denied the permanency and protections of adoption,” said Rob Rosenwald, Director of the ACLU of Florida LGBT Advocacy Project. “Today we ask the court to take the best interest of these kids into consideration and not make them wait the extra years it would take for the case to make its way through the traditional appellate process.”
On November 25, 2008, Miami-Dade Circuit Court Judge Cindy Lederman granted adoption of two brothers, ages four and eight, to Martin Gill of North Miami, after a four-day trial that highlighted scientific evidence that proved gay and straight people make equally good parents. The decision overturned a 31-year-old discriminatory law banning gays and lesbians from adopting – the only such law in the U.S. – that was put on the books after the anti-gay campaign led by Anita Bryant in the 1970′s.
Lederman noted in her decision that the fact that parental sexual orientation has no impact on children’s well-being has “been accepted, adopted and ratified by” the American Psychological Association, the American Academy of Pediatrics, the Child Welfare League of America and the National Association of Social Workers, and that it is “beyond dispute” that the exclusion of gay people from adopting does not protect the interests of children.
The state appealed the decision immediately after it was announced last Tuesday. If today’s request is granted, the case will go straight to the Florida Supreme Court instead of having to go through a lengthy appeals court process. The state has five days to file a response to today’s court filing, which is not available to the public because the document is part of a juvenile court record.
In addition to Rosenwald, Gill is represented by Leslie Cooper and James Esseks of the ACLU’s Lesbian Gay Bisexual Transgender Project and Shelbi Day of the ACLU of Florida. The children are represented by Hilarie Bass and Ricardo Gonzalez of Greenberg Traurig, and Charles Auslander, an attorney and former District Administrator for Florida’s Department of Children and Families (DCF).
For more information on the case, visit http://www.aclu.org/gill
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Original source : http://gay_blog.blogspot.com/2008/12/aclu-seeks-im…
