Because of the current high visibility of lesbian, gay, bisexual, and transgender (LGBT) issues, administrators will at some time probably have to face a variety of related situations. Examples include:
The Rights
Of Lesbian and Gay Students
Q. Does the
right of association under the Constitution extend to lesbian, gay, bisexual,
and transgender (LGBT) student organizations at state-supported colleges and
universities?
A. Yes
Q. Does freedom
of association for LGBT students and their organizations extend to public high
schools?
A. Yes. High school students, like college
students, have a presumptive right to freedom of association and freedom of
speech that is protected under the Constitution. Students have a right to
exercise their freedom of expression on any issue, however controversial, so
long as their expression does not "materially and substantially" disrupt the
work and discipline of the school.
Q. If a high school
allows noncurricular clubs, must it also allow a lesbian and gay rights
group?
A. Yes, In addition to the constitutionally based
free speech claim that such a group would have, a federal law passed in 1984
prohibits a public high school that already allows noncurriculum related student
groups to meet on school premises from discriminating against other students who
wish to have meetings based on the "religious, political, philosophical or other
content" of their speech.
Q. Can a public high school
forbid participation by openly gay students in general student
activities?
A. Presumptively not, although the law is
undeveloped. A federal district court judge ruled that a gay male student in
Rhode Island was entitled to take another male to the school prom as his date.
The court accepted his argument that the proposed conduct constituted "symbolic
speech" under the First Amendment and ordered the principal to permit the
student and his date to attend. In reaching this decision, the court upheld the
principle that lesbian and gay students are entitled to the same benefits and
access to student activities as other students.
(source:
ACLU Handbook, Third Edition, c 1992)
© Friends of
Project 10, Inc., 2002