Texas School deals with ACLU

[Guest Texas Small Arms 09]

 

Klein High School sued for indecision on gay club

By LUCAS WALL

Copyright 2003 Houston Chronicle

GAY-STRAIGHT ALLIANCE

Klein students' GSA application defines the group's purpose as "to work toward ending anti-gay bias and homophobia in our school and to make our campus a welcoming, supportive, and safe environment for all students regardless of sexual orientation and gender identity."

 

The American Civil Liberties Union filed suit in federal court here Wednesday on behalf of a Klein High School lesbian who wants to start a Gay-Straight Alliance, the first time a Texas student has taken such legal action.

 

The complaint, filed against Klein Independent School District Superintendent Jim Surratt and high school Principal Pat Huff, contends the failure to approve Marla Dukler's club application violates the First Amendment and the Equal Access Act. The act prohibits publicly funded schools from discriminating against the establishment of student clubs based on their points of view.

 

The ACLU, which filed a similar suit in Kentucky on Wednesday, wants an injunction ordering Klein ISD to immediately allow the alliance.

 

Dukler said she and 16 classmates submitted their application in October but received no answer.

 

"They've been giving us the runaround," said Dukler, a 16-year-old junior. "The only way to really stop harassment is through educating people and getting rid of the ignorance. The easiest way to go about that, I believe, would be to start a club that would in turn educate the student body and faculty."

 

David George, president of the ACLU's Houston chapter and Dukler's attorney, said legal action is necessary because the school district has failed to act on the application -- in effect denying it.

 

"The federal law is crystal clear that students at Klein High School have a right to form any type of club they want, including clubs to discuss issues relevant to gay youth," George said at a Wednesday news conference outside the U.S. courthouse downtown.

 

GSAs exist in about 1,700 high schools nationwide. There are at least four in the Houston area.

 

Dave Feldman, attorney for Klein ISD, said the filing is premature. Students were asked in November to resubmit their club applications after the board amended its extracurricular activities policy, Feldman said, and Surratt is still reviewing them.

 

Feldman said he wished the ACLU had raised its concerns before taking the issue to U.S. District Judge Sim Lake. He said he will likely respond with a motion to dismiss so the district can complete its review.

 

"Usually there's some kind of dialogue in advance, then when the parties knock heads, we see a lawsuit," Feldman said. "I got the sense here they were looking for some kind of publicity."

 

Klein has dozens of clubs, including extracurricular groups of bass fishers, bowlers, chess players and Christian athletes.

 

"It is clear that Klein refuses to allow the (GSA) to meet simply because the club meetings may contain discussions of topics and viewpoints that Klein does not want discussed," the complaint said.

 

Ken Choe, staff attorney for the ACLU's National Lesbian and Gay Rights Project in New York, said the group wants to send "a strong message to schools and school districts across the country that lesbian, gay, bisexual and transgendered youth do have rights under federal law, and those rights should be respected.

 

"The Constitution does not allow the school to pick and choose the kinds of speech that students can engage in."

 

Christine Drew, a 16-year-old, heterosexual Klein junior, was among more than 200 students who signed a petition in support of the GSA.

 

"I'm not sure if the school district realizes how much people socially use the word `fag,' or `gay' as in `you're being stupid,' " Drew said. "I don't know if having a GSA would change the way most people speak or associate gays with negative, but I hope it would help."

 

Huff has forbidden the student newspaper, Klein Bearchat, from writing about the proposed GSA in three issues, said features editor Tina Macias.

 

"This is the biggest news we've had at Klein in quite awhile," Macias said. "The students have a right to know."

 

Mike Hiestand, staff attorney at the Student Press Law Center in Virginia, said high school administrators have some leeway to edit student publications for legitimate educational purposes. But, he added, the Supreme Court has ruled that the Constitution protects student journalists from being censored merely because they present a subject the administration finds uncomfortable.

 

"It sounds like the Klein school district is going to be forced to take some sort of First Amendment refresher course," Hiestand said. "We have a controversy and you can't even talk about it, can't even discuss it in a rational, meaningful way. That is pathetic."

 

Students in the Cypress-Fairbanks Independent School District are also asking for permission to start alliances. Officials at Cypress Falls and Jersey Village high schools are reviewing the applications.

 

 

 

 

Boy this makes me so proud to say I graduated from there. I really should turn off this sarcastic mode

[Guest HecateRose]

I have a feeling this school district is going to act very fast, file the motion to dismiss, then just allow the GSA group to meet there very soon. The part about censoring the school paper makes them look very bad. I hope they realize how stupid they are going to look. Whether they amended their extracurricular activities policy or not, they should have looked at the application and, if there was a problem with it due to the policy changes, informed those that filed the application and told them what would need to be done to get the application to comply with the new rules. If they had atleast addressed the applicants about this, then this whole thing wouldn't be in the paper, but they chose to let it get this far by not addressing it. I hope they enjoy the public embarassment they have subjected themselves too considering they have just made themselves look like complete homophobics, I hope that the students get their GSA meetings, and I hope this incident helps other school districts realize the times they are living in and that something like this is not only inappropriate but can carry a lot of bad press along with it. I graduated from a Texas high school and I can say with a good amount of certainty that my ex-school district would have reacted similarly, if not worse. It's such a shame.

[Guest CoreyLazarus416]

Another case of premature ejaculation when it comes to lawsuits, methinks. GSA is definitely a good thing to have, because it DOES raise awareness to problems that affect alternative lifestyle communities and helps breach a gap between those that do know about these issues and those that don't. But filing a lawsuit because your club hasn't been approved yet, when there are frankly more important things to be done FIRST? No.

 

And the school paper should not have been censored, but hey, it's a school-sponsored thing, so the school pretty much has the final say, because they can always shut it down.

 

I just want to look at one quote from that article, because I think it shows how stupid some people are...

"The only way to really stop harassment is through educating people and getting rid of the ignorance.

 

Nope. Only way to truly stop harassment would be to make everybody the same, so then they couldn't harass each other. Harassment and bullying has existed for a very, very, VERY long time, and no amount of education will stop that. You get picked on because you're different, not because the other person is stupid.

 

Fucking fags...

 

(and yes, that last statement WAS a joke, so I apologize if anybody takes offense)

[Guest big Dante Cruz]

As for that lawsuit in Kentucky, I don't know where their leg is to stand on. Students walked out in protest of a gay/lesbian club meeting at their school. Can students not protest anymore if it's non-PC?

[Guest Jobber of the Week]

Students can protest if they want, but it's their risk.

 

A bunch of schools had antiwar walk-outs around here one day about a month ago, I think? The school closest to here assigned tardies and "missed school day" punishments to those who walked, and got picketed by a bunch of over-the-hill activists who say that stunts the kids' willingness to be active in their community, or something like that.

 

Well, pardon me, but wasn't the POINT of a protest to stop going along with whatever you were doing and accept what you get for it in the name of your cause? I guess around here, you're not only lame-o if you don't protest, you're lame-o if you don't support protesting.

 

Thanks, Berkeley.

[Guest JMA]

I fully support what the ACLU is trying to do. Homophobia can be very dangerous. Especally when it is encouraged.

 

Edit: That should be "especially."