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2000).Ģ002: In denying a GSA application, the principal of a Franklin Township, IN school tried to pressure students to change the name to “Diversity Club” and broaden focus to include all marginalized students. The case settled when the district agreed to everything requested by the students, including monetary damages and attorney fees. Colin ex rel.
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The court ruled that the school violated the EAA, noting that a club’s name is tied to free speech rights and that no other club was asked to similarly alter their mission statements regarding sex and sex education. Lambda Legal and People For the American Way sued. School officials wanted the name changed to erase references to sexual orientation as well as a clause in the club’s mission statement promising that the GSA wouldn’t discuss sex or sex education. Utah 2000).Ģ000: After months of delay, the school board in Orange County, CA denied a student request to form a GSA at El Modena High School. The court found the school had violated the First Amendment and the EAA and again ordered the school to allow the club and pay attorney fees and court costs. E. The ACLU, Lambda Legal, and the National Center for Lesbian Rights sued. Utah 1999).Ģ000: Less than a year after losing the first EAA case to address students’ right to start GSA clubs, the Salt Lake City, UT school board tried to ban all noncurricular clubs and denied a club application by students who wanted to discuss curriculum-related topics through the point of view of LGBTQ people. The case was dismissed and the court ordered the district to pay attorney fees and court costs. E. After the court ruled that the school had violated students’ rights, the school decided to allow the GSA and other noncurricular clubs to meet. Represented by Lambda Legal with help from the ACLU and the National Center for Lesbian Rights, a group of students sued the school because the school was still allowing some noncurricular clubsto meet on campus. Here are details on the many federal court cases in which schools have unsuccessfully tried to block or limit GSAs.ġ999: In 1996, a school district in Salt Lake City, UT banned 46 noncurricular clubs in an attempt to get out of having to allow a GSA to form. Department of Education has also affirmed students’ rights under the EAA. GSAs now exist in every state, in thousands of schools. Since then, we know of 19 resolved federal lawsuits addressing GSAs in which the clubs prevailed, and the ACLU was involved in 16 of those victories.
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In 1998, the first lawsuit defending students’ right to form a GSA at a public school was filed. GSAs started appearing in schools in the U.S. The federal Equal Access Act (EAA) clearly guarantees that students at public schools have a right to form GSAs, and that schools must treat all clubs equally. Gender and Sexuality Alliances or Gay-Straight Alliances (GSAs) are student-organized clubs that aim to create a safe and welcoming school environment for all youth regardless of sexual orientation or gender identity.