Waymon Hudson

ACLU Wins Yulee Florida High School GSA Suit

Filed By Waymon Hudson | August 11, 2009 9:30 AM | comments

Filed in: Living
Tags: ACLU, Gay-Straight Alliance, GSA, LGBT Youth, Nassau County, Yulee High School

Great news from the ACLU of Florida in the lawsuit they filed against the Nassau County, Florida School Board for denying a Gay-Straight Alliance to form. 9044925_240X180.jpgReaders may remember that the Administrators from the School Board of Nassau County, Florida unlawfully denied students' requests for permission to form a GSA at Yulee High School and Yulee Middle School, stating:

that groups with names referencing a specific sexual orientation would not be recognized and that even if the group changed its name to one not communicating a gay-specific mission, approval was uncertain.

According to the ACLU, bullying of LGBT students in Nassau County Schools has been an ongoing and serious problem. Plaintiffs Hannah Page and Jacob Brock, who are gay and students at Yulee High School, reported that students have threatened to beat them up based on their sexual orientation, and both are routinely called derogatory names at school.

The ACLU filed the suit alleging violations of the First Amendment and the Federal Equal Access Act, which the court agreed with. The School District was ordered to stop discriminating against Gay-Straight Alliances in High Schools. The lawsuit will proceed to determine fate of the Middle School GSA.

The full press release and statement after the jump...

From the ACLU:

JACKSONVILLE, Fla. - The American Civil Liberties Union of Florida has reached a partial settlement with the School Board of Nassau County in a lawsuit filed against the school district earlier this year challenging the district's refusal to permit Yulee High's Gay-Straight Alliance (GSA) to meet on campus.

Pursuant to the terms of the agreement, approved by federal judge Henry Lee Adams, Jr. this past Friday, a permanent injunction has been entered against the district prohibiting discrimination against the high school's GSA and forbidding retaliation against students and faculty who are associated with the GSA. The school district will also pay about $40,000 in attorneys' fees and court costs associated with the litigation thus far to the ACLU.

The ACLU of Florida also sued the district on behalf of Plaintiff Hannah Page for the denial of her request to form a GSA at Yulee Middle School during the 2007-08 school year. The district still maintains that it may permissibly deny access to a GSA at Yulee Middle School, so the claims related to that age group will proceed.

The lawsuit was filed on February 10, 2009 after Yulee High School administrators repeatedly denied student requests for permission to form a GSA and to hold meetings at the high school, and previously at Yulee Middle School in the 2007-2008 school year. On March 11, 2009, Judge Adams entered a preliminary injunction ordering the school district to allow the GSA to meet at Yulee High School while the case made its way through the courts. The settlement agreement makes permanent the terms of that preliminary injunction.

The ACLU of Florida's LGBT Advocacy Project and the ACLU's national Lesbian, Gay, Bisexual and Transgender Project recently won a similar lawsuit in Okeechobee, Florida, where a federal judge ruled for the first time that school administrators must provide for the well-being of LGBT students, and that forming a GSA was a good way to accomplish that goal.

"Every student deserves a safe and secure education. Bullying of gay students is epidemic in American schools and in Nassau County," said Robert Rosenwald, ACLU of Florida LGBT Advocacy Project Director and lead counsel. "These courageous students took a stand to address the problem and the school policies that exacerbate it. Hopefully, Nassau school administrators will follow their students' example and become part of the solution rather than part of the problem."

The judge's order outlines what the school must do to comply, including:

• Allow the club to hold meetings on campus;
• Allow the students to use the name Gay-Straight Alliance rather than one that does not use the word "gay;"
• Allow the club to further its goals of advocating "for tolerance, respect and equality of gay, lesbian, bisexual, and transgender (LGBT) people" and curbing bullying and harassment against LGBT students; and
• Refrain from retaliating against students and faculty who participate in the GSA and the lawsuit.

"We started a gay-straight alliance because we wanted a safe space where all students can talk about harassment and discrimination that LGBT students face," said ACLU plaintiff and Yulee student Hannah Page. "We're grateful that the court recognized that the GSA should be allowed to meet and be treated like any other club."

Gay-Straight Alliance of Yulee High School vs. School Board of Nassau County was filed in the Jacksonville Division of the U.S. District Court for the Middle District of Florida. Robert Rosenwald, Director of the ACLU of Florida's LGBT Advocacy Project is lead counsel for the ACLU case, along with Shelbi Day, ACLU of Florida LGBT Advocacy Project staff attorney, Randall Marshall, ACLU of Florida Legal Director, and Maria Kayanan, ACLU of Florida Associate Legal Director.

Congratulations and thank you to the brave students and the amazing ACLU of Florida LGBT Advocacy Project for another important victory for our community's youth.

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