The federal Equal Access Act stipulates that when a school allows any
non-curricular club to meet on campus, it must allow all non-curricular clubs to
meet on campus. Refusal by OHS officials to comply with the Act by
discriminating against one segment of the population is a clear violation of law
since other clubs are permitted to meet at school, the ACLU said.
"These brave students in Okeechobee are trying to promote
tolerance and acceptance while fostering a safe and open environment for
everyone to learn," said Rob Rosenwald, attorney for the ACLU of Florida's LGBT
Advocacy Project. "Clearly it is not just the students that need to be taught
tolerance, but the administrators and faculty who are relegating gay and lesbian
students to a second-class status and sending a message of prejudice."
Recent attempts by school officials to claim that the school's
abstinence-only policy would be violated if the club met on school grounds are
unfounded, the ACLU says. The GSA's goal is to provide a safe, supportive
environment for students to talk about anti-gay bias and harassment. Students
say they want to start a GSA to work together to promote tolerance,
understanding and acceptance of one another, regardless of sexual orientation.
GSAs around the country have met with similar opposition and have
been upheld in court as legal by the Equal Access Act.Federal courts have
repeatedly ruled in favor of GSAs where schools tried to block their formation,
upholding students' right to form the groups in Salt Lake City, Utah; Orange
County, California; Franklin Township, Indiana; Boyd County, Kentucky; and
Osseo, Minnesota.
"We just want to be able to meet on campus like every
other student," said Yasmin Gonzalez, President of the OHS Gay-Straight
Alliance. "I may be able to move on when I graduate, but we have to stand up
against the hatred and bigotry today to ensure that everyone is treated as
equals tomorrow."
The ACLU sued on behalf of the Okeechobee GSA in
November alleging that the school is discriminating against the club based on
some members' sexual orientation.
Over 100 GSAs currently exist in
Florida, according to recent data from the Gay, Lesbian and Straight Education
Network (GLSEN). GSAs have been instrumental in encouraging a feeling of
belonging for students who are often the targets of bullying and hatred by
students and teachers.