Tips For Administrators
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 suggestions that follow have been drawn from real life scenarios and hopefully will be helpful.
"don't make a big issue out of it.”
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)