Students sued their school for the right to form a Gay-Straight Alliance. They just won.

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12/24/2021

Students of an Indiana high school’s Gay-Straight Alliance group (GSA) who sued their school for the right to be treated like all other clubs were finally granted that right earlier this week. On Wednesday, a judge issued a preliminary injunction against Pendleton Heights High School requiring that the school allow the GSA to fundraise, advertise, and be listed in the school handbook, the IndyStar reported. The GSA was represented by the ACLU of Indiana, who argued that the students’ First Amendment and equal protection rights were violated, as well as the Equal Access Act, a 1984 law that requires schools that receive federal funding to provide equal access to all extracurricular activities. The law was originally pushed for by Christian activists who wanted to protect Bible study groups in schools. Students say that they tried to restart their GSA this past year, a club that is meant to create a safe space for LGBTQ students to socialize and find emotional support. The school’s principal allowed them to meet after school but then said that they weren’t an “official” club. Being an official club would mean that they could talk on the school’s radio station, fundraise on school property, and advertise on the school’s bulletin board. “By not allowing PHGSA to advertise and attract student members the group is severely hindered in its purpose as a place of shelter, support, and education, not just for LGBTQ students, but for all Pendleton Heights High School students,” the ACLU stated in a press release in September. Upon this preliminary victory, the ACLU hopes the ruling will show other schools that anti-LGBTQ sentiment will not be tolerated in Indiana. “We hope that public schools throughout the state will take notice and forgo future challenges by providing equal treatment to all student groups,” the organization said in a statement to local news station WIBC. The students’ victory comes amidst a flood of conservative attacks across the country on LGBTQ clubs and content in schools.

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