Feb 12th, 2009
Posted by Brandon Hensler, ACLU of Florida at 10:42am	Free Speech, LGBT Rights

Despite Recent Progress, Anti-Gay Discrimination Rages on in Florida Public Schools

Last fall Yulee High School administrators denied recognition to a Gay-Straight Alliance (GSA) and denied them use of school facilities, although other student clubs were given access. This followed a similar discriminatory act when Yulee Middle School denied the same student access to school facilities in the 2007-08 school year for a GSA. So, this week, the ACLU of Florida’s LGBT Advocacy Project sued the School District of Nassau County (near Jacksonville) alleging that the school violated the students’ First Amendment and federal Equal Access Act rights.

Bullying and anti-gay harassment are a severe problem in Nassau County schools, according to students there. They are regularly harassed by fellow students, called names and physically threatened. It’s a logical conclusion to make that if the school administrators were more tolerant and led by example that the students would follow that behavior and not discriminate against fellow classmates. But that’s not the message the superintendent wanted to send when he denied the club access.

“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.

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. Who could be against that?

There are over 4,000 GSAs in the U.S., according to the Gay, Lesbian and Straight Education Network (GLSEN), including several in the greater Jacksonville area.

This is all on the heels of a lawsuit won last year through a team effort by the ACLU of Florida’s LGBT Advocacy Project and the national ACLU LGBT Project. We triumphed in a lawsuit against Okeechobee High School, where a GSA was prohibited from being recognized like other extra-curricular clubs. The federal judge ruled that the public school 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.

Many news outlets have already covered the filing of the Nassau County lawsuit, including the Associated Press, Florida Times-Union, WJXT-TV, and the Orlando Sentinel. We’ll keep you updated as the case progresses.

Permalink |	Free Speech, LGBT Rights

1. liberal hater Says:
   Feb 12th, 2009 at 2:07pm

   Quit whining and worrying about gay clubs and just commit fag sodomy and dyke sodomy and everyone will be gay, I mean happy.

2. David Hart Says:
   Feb 12th, 2009 at 3:34pm

   The agenda of the radical Christian right is to prevent anything that might "normalize" homosexuality. "Acceptance" is the last thing that they want. 5% of school children are gay. Nothing is going to make them gayer or straight. 95% of school children are heterosexual. Nothing is going to make them straighter or gay.

   Anything that promotes understanding is a positive endeavor. Gay kids need to know that not all straight kids are sexually prejudiced. Straight kids need to understand that they have nothing to fear from their gay peers.

   David Hart
   http://www.tips-Q.com

3. Western Free Speech Council Says:
   Feb 18th, 2009 at 4:43am

   ARE LOBBYING ACTIVITIES BY AGRICULTURAL COMMODITY COMMISSIONS UNCONSTITUTIONAL?

   By Steve Rogers
   Western Free Speech Council
   February 2009 Monthly Newsletter

   Olympia, Washington - In recent years, there have been numerous court challenges
   nationwide objecting to agricultural commodity commissions' use of mandatory
   assessments for advertising and market promotion programs. The lawsuits have centered
   on allegations that such programs infringe upon First Amendment rights of free speech
   by mandating that producers pay assessments to fund generic advertising with which
   they may disagree.

   However, interestingly enough, none of the legal challenges of commodity commissions
   have involved the use of grower assessments for lobbying and political activities.

   In Washington State, agricultural commodity commissions have become increasingly
   active in lobbying and influencing governmental actions. In the last few years, as
   memberships of voluntary grower associations in Washington State have dwindled,
   agricultural commodity commissions have stepped in to fill the void and are
   redirecting more and more resources toward lobbying and political activities in
   Olympia and Washington, DC.

   However, according to many legal experts, the use of mandatory commodity commission
   assessments for lobbying and political activities is unconstitutional and therefore
   illegal. "Commodity commission assessments can be used for many things," notes Sarah
   Riley, principal consultant for the Western Free Speech Council, "like export
   development and research……However, one thing that is specifically illegal is
   influencing legislation or governmental action — lobbying."

   For example, a recent Supreme Court ruling (Davenport v. Washington Education
   Association) ruled that individual teachers should not be forced to fund lobbying and
   political speech they disagree with. In the opinion written by Antonin Scalia, which
   was unanimous except for a few sections, the Court was extremely concerned about
   people being forced to support compelled political or lobbying speech. In terms of
   legal precedence, this ruling has implications for other situations (in addition to
   unions) where business people or professionals are being forced to pay fees or
   assessments to other government mandated entities or organizations. Obviously, the
   example that immediately comes to mind is mandatory assessments for agriculture
   commodity commissions.

   On a related note, the Supreme Court has made a number of other rulings which clearly
   assert that the First Amendment prohibits the government from compelling political or
   ideological speech. In West Virginia State Board of Education v. Barnette, the Court
   held that Jehovah’s Witnesses could not be forced to stand and salute the American
   flag in violation of their religious beliefs. In Wooley v. Maynard, it set aside the
   conviction of a New Hampshire man who obscured a portion of his license plate that
   announced the state motto ‘‘Live Free or Die.’’ In Hurley v. Irish-American Gay,
   Lesbian & Bisexual Group of Boston, it ruled that Boston could not compel a private
   association of veterans to allow members of a gay, lesbian, and bisexual group to
   march in the veterans’ parade. The First Amendment also protects individuals from
   forced financing of political or ideological speech. For example, in Abood v. Detroit
   Board of Education, the Court limited unions from spending on ideological messages
   those funds received from nonunion employees as part of agency shop arrangements. And
   the Court applied the union analogy to the law bar in Keller v. State Bar of
   California, excusing members from contributing funds to political and ideological
   causes.

   In conclusion, as agricultural commodity commissions in Washington State continue to
   expand their political and lobbying presence in Olympia and Washington, DC, it is
   becoming increasingly evident that their legal risk of being successfully challenged
   for political and lobbying activities is a very high probability.

   ##########################################

   The purpose of the Western Free Speech Council is to protect and defend individual
   free speech as guaranteed by the U.S. Constitution. Based in Denver, Colorado, the
   Western Free Speech Council is a nonprofit organization that relies on private
   financial support from individuals, associations, foundations and corporations. For
   more information about the Council, please email us at
   westernfreespeechcouncil@gmail.com.

4. Dena Says:
   Feb 18th, 2009 at 8:01pm

   Does anyone know if there are any gay hate crimes in North Carolina???

5. Dave K Says:
   May 19th, 2009 at 11:44pm

   Here in Alameda CA, May 26 '09 our School Board (AUSD)will have to decide to apporove or not approve a new curriculum entitled "Kindergarten - Grade 5 Curriculum on Gender Identity and Sexual Orientation"

   Does anyone think perhaps the pendulum of acceptance has swung too far in this case?

   Good Grief

   I have been a supporter of 'marriage equality, and gay rights, but I gotta say,"My mouth didn't drop - it hit the floor with a thud!"

   So I'll keep looking for that constitution right that supports this in our public school despite the protestations of so many religions that say it violates their 1st Ammendment protections...