Source: TCPalm.com, ACLU press release
OKEECHOBEE, Fla -- In a move the American Civil Liberties Union on Wednesday called "groundbreaking," a federal judge has ruled in favor of students who claimed the school board in this rural district discriminated against them by opposing their gay tolerance club.
The Gay-Straight Alliance of Okeechobee High School may now meet on campus like all other non-curricular school groups, and their case against the School Board of Okeechobee County is closed, U.S. District Judge K. Michael Moore wrote in an opinion signed Tuesday.
Moore ruled that "that the GSA's tolerance based message would not materially or substantially interfere with discipline in the operation of the school," according to an ACLU press release issued Wednesday.
Moore granted the Alliance’s motion for summary judgment and ruled the School Board violated the club's First Amendment rights by refusing to recognize it as a non-curricular student organization.
Moore also ruled that the School Board is statutorily obligated by the federal Equal Access Act to grant the club the same rights to meet on campus as other non-curricular student groups have.
"I can't tell you how happy I am that the judge agreed we have a right to create a safe space for gay students at my school," said Brittany Martin, a 17-year-old upcoming senior at OHS who is the GSA’s president.
The school board argued in its filings that it had the right to ban what the board called a "sex-based" club because of the district's "abstinence-only" sex-education policies.
But according to Moore’s order, the school board failed to show it opposes the Alliance for reasons beyond "a desire to avoid the discomfort and unpleasantness of tolerating a minority of students whose sexual identity is distinct from the majority of students and discordant to SBOC’s abstinence-only program."
Moore awarded the club only $1 in nominal damages because members did not demonstrate that the school board caused them any injury, such as out-of-pocket loss, impairment to reputation, or mental and emotional distress.
"It has been a long road and we are very pleased with the outcome. Now the students at Okeechobee High School can start the new school year with a clean slate and openly discuss the problems they face with fellow classmates," said Robert Rosenwald, director of the ACLU of Florida LGBT Advocacy Project.
Rosenwald praised the students who kept pressure on the school district despite multiple attempts by the board to suppress the suit. "These are brave students who would not be silenced and did not tolerate discrimination," he said in a statement released by ACLU.
"So many children cannot stand up for themselves, but hopefully this ruling will serve as warning to other Florida schools that equal access truly means equal access, and schools that choose not to follow the law will be inviting similar litigation," he added.
Full article: Judge rules gay tolerance club may meet at Okeechobee High School | TCPalm
ACLU: Okeechobee high school Gay-Straight Alliance wins groundbreaking federal lawsuit | ACLU press release (Miami Herald)