LEGALABRIEFS um.

  

by susan murray & beth robinson

The Legal ABCS of GSAS

Schools haven’t always
been the safest or most com-
fortable environment for
GLBT youth.

But thanks to courageous
youth leaders throughout our
state and country working to
build gay-straight alliances
within our schools, that’s
beginning to change. These
groups can provide vital peer
support to GLBT youth, who
can all too often feel isolated
and alone through one of life’s
more difficult times. In many
cases, they can also play a
valuable educational role in the
school community.

For students interested in
forming such an organization,
but fearful that the school will
not support you, the good news
is that the law is on your side.

‘First of all, Vermont’s anti-dis-

crimination laws, which we’ve
discussed at length in past
columns, prohibit discrimina-
tion against such groups. ' A ’
In addition, a Federal law,
the Equal Access Act, protects
students’ rights to form clubs
and organizations and to meet
on school premises. This law,
which was passed primarily to
protect the rights of religious
student groups, applies to any
public high school that
receives federal money. The
law provides that if the school
allows any “non-curriculum
related” student clubs or orga-
nizations to meet on school
premises after hours, the
school must provide the same
access to any student group.
For example, if a school let
students form a chess club or
service organization, it would
be required to provide the same
access and resources to stu-
dents forming a gay-straight
alliance. However, if the only
student organizations at the

school are related to school
courses, such as a French club
or a school band, the school
might not have the same oblig-
ation.

That’s why some particular-
ly homophobic schools across
the country have abolished stu-
dent clubs altogether; they are
so opposed to providing a safe
space for GLBT youth and
their allies that they would
rather can the chess club, the

September 2000 | Out in the Mountains |23

duct, control, or regularly
attend” the organization’s
activities.

Third, the school obviously
retains its authority to maintain
order and discipline. Although
the school cannot use this
authority to prohibit gay-
straight alliance groups simply
because school officials
believe that such groups are
“disruptive,” or because homo-.
phobic students react negative-

Although you are free to seek guidance ,

and support from teachers or people out-
side the school, the impetus for the group,
and the organizational work, has to come

from students.

scuba diving club, and even the
student volunteer service orga-
nization, than open the door to
a gay-straight alliance.

If you are thinking .about
forming a student group to deal
with GLBT issues, you should
keep a few things in mind in
order to ensure that your orga-
nization falls within this law’s
protections.

First, the law only applies to
voluntary, student-initiated
groups. Although you are free
to seek guidance and support
from teachers or people outside
the school, the impetus for the
group, and the organizational
work, has to come from stu-
dents.

Second, you should be care-
ful to limit the participation of
non-school persons. Non-
school persons are free to come

i in as guest speakers, and you

can seek their guidance; how-
ever, they may not “direct, con-

ly to them, the school can pre-

vent any student group from ‘

doing things that interfere with
the orderly conduct of educa-
tional activities.

So good luck! If you have

“further questions about your

legal rights to organize student
groups, please feel free to con-
tact us. T

Susan Murray and Beth
Robinson are attorneys at
Langrock Sperry & Wool in
Middlebury, Vermont whose
practices include employment
issues, family matters, estate
‘planning, personal injury and
workers compensation cases,
and general commercial and
civil litigation. If you ‘d like to
see us cover a particular topic,
please feel flee to write OIT M
or call us at 388-6356.7

9.0‘

was ‘ BLACKWOOD ‘see %..,9
9 ASSOCIATES, PC _ "0
at t to Hi eys
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Good legal advice
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Langrock Sperry & Wool offers the services

of 22 lawyers with over 300 years combined experience

in all areas of the law — including two lesbian attorneys
with special expertise serving the legal needs

of the g/1/b/t/q community.

SUSAN MURRAY & BETH ROBINSON

With offices in Middlebury and Burlington
‘ Middlebury (302) 588-6356
Burlington (802) 864-0217
smurray@langrock.com brobinson@langrock.com

Langrock Sperry & Wool, LLP

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