A Florida federal
court on Wednesday ruled that school officials in
Okeechobee, Fla., must allow a gay-straight alliance to meet
on campus, according to the ACLU in a press
release.
In a
precedent-setting ruling arising from a lawsuit brought by
the ACLU, Judge K. Michael Moore upheld his earlier
ruling that GSAs do not interfere with abstinence-only
education and, in a legal first, held that schools
must provide for the well-being of gay students to the same
extent as straight students.
The ACLU filed
the suit in November 2006 after students at Okeechobee
High School were denied access to meet on campus by their
principal, Toni Wiersma.
Then-senior
Yasmin Gonzalez approached the ACLU for help, and after
several failed attempts by the ACLU to convince the school
to comply with the Federal Equal Access Act, the
lawsuit was filed.
The ACLU won a
preliminary injunction in 2007 allowing students to meet
on campus after repeated failed attempts by the defendants
to characterize the club as
"sex-based." The ACLU prevailed in
Okeechobee this time around on both Equal Access Act
and First Amendment grounds.
A copy of the
opinion in can be viewed in www.aclu.org/lgbt/youth/36195lgl20080729.html.
(The Advocate)