EQUAL ACCESS TO PUBLIC FACILITIES
Judge rules against gay students in Lubbock
From the AP via the Houston Chronicle:
The Lubbock Gay Straight Alliance claimed in its July lawsuit that the district violated students' constitutional rights and a law forbidding discrimination against groups meeting on campuses of schools receiving federal funds.
U.S. District Judge Sam R. Cummings ruled in his summary judgment order that "the local school officials and parents are in the best position to determine what subject matter is reasonable and will be allowed on LISD campuses."
For the rest, click here.
This is both outrageous and interesting because religious groups managed some years back to guarantee access to school facilities by doing an end-run around First Amendment prohibitions against the favorable treatment of religion: no student sponsored clubs can be denied for ideological reasons access to the use of vacant school space for meetings; if all groups are allowed, there is no discrimination, and, therefore, no violation of of the Constitution. Gay straight alliance clubs seriously put this logic to the test. If they are denied use of school facilities, then the reasoning that permits religious groups to use schools is in serious doubt. So far, not many people seem to understand this contradiction.
For some more info on how this issue is playing out in the state of Texas, click here.
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Wednesday, March 03, 2004
Posted by Ron at 8:52 PM
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