Pendleton Heights students sue school, allege unfair treatment of Gay-Straight Alliance – IndyStar
A group of Pendleton Heights High School students is suing the school and South Madison Community School Corporation over allegations that the school has been treating its Gay-Straight Alliance club unfairly, not allowing it to advertise for members or fundraise on campus the same way other groups are allowed.
The American Civil Liberties Union of Indiana filed the lawsuit in federal court Wednesday on behalf of the GSA members, claiming that the school has imposed undue, unequal burdens on the student group. In doing so, the suit alleges, the school is violating the students’ First Amendment right.
“This group aims to create an environment that provides support to students, during a time that otherwise might be increasingly difficult for LGBTQ students,” said Kit Malone, advocacy strategist at ACLU of Indiana, in a press release sent Wednesday. “The differential treatment aimed at Pendleton Heights Gay-Straight Alliance by administrators is unwarranted and these students must be treated in the same manner that all other student groups are treated.”
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South Madison Community Schools Superintendent Mark Hall said he hadn’t yet received the complaint and did not have a comment.
Student-led, student-organized groups, GSA clubs have existed in public high schools for decades to allow gay, lesbian, bisexual, transgender, non-binary and allied students chances to meet and provide social, emotional and educational support to one another.
According to court documents, Pendleton Heights’ GSA reformed this year after a hiatus. There is a teacher sponsoring the group who allows students to meet after school in their classroom. But even though the school has allowed the group to form, the complaint alleges that it will not allow it to advertise its existence on the school’s bulletin boards, radio station or anywhere on school property.
Other clubs are allowed to advertise, recruit members and fundraise on school property. The lawsuit contends that the GSA should be allowed to do all of those same activities.
Not allowing it to do so has “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,” said the ACLU in its new release.
“Students at Pendleton Heights High School may participate in non-curricular clubs recognized by the school,” said Ken Falk, ACLU of Indiana legal director, in the release. “By creating additional hurdles for Pendleton Heights Gay-Straight Alliance such as censoring the group’s promotions and prohibiting fundraising, the school is infringing on these students’ rights.”
The U.S. Supreme Court has defined noncurricular clubs as those that do not directly relate to courses being taught at the school. The Equal Access Act, passed in 1984, requires secondary schools that receive federal funds to provide the same access to noncurricular student groups as other, similarly situated student groups. It says that schools may not deny comparable access to any other student group because of the “religious, political, philosophical, or other content of the speech at [the group’s] meetings.”
According to court documents, Pendleton Heights has other noncurricular groups, such as SADD (Students Against Destructive Decisions), E-gaming, Robotics, Best Buddies (students working with special needs students), Mat Maids (supporters of the wrestling team) and Outdoor Adventure Club.
The lawsuit alleges that the differential treatment between different clubs violates not only the First Amendment but also the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution.
Ongoing issues at Pendleton Heights
Wednesday’s lawsuit is not the first time that LGBTQ+ students have said they feel the district has treated them unfairly.
This summer, a group of Pendleton Heights students and parents approached the South Madison school board over a directive that teachers remove rainbow pride flags from their classrooms.
The district had told teachers they couldn’t display the flags because they are supposed to remain neutral and not engage in political speech.
At the time, Hall told IndyStar that the district isn’t anti-LGBTQ.
“We pride ourselves on creating an environment that is welcoming to all,” he said. “Teachers are legally obligated to maintain viewpoint neutrality during their official duties to ensure all students can focus on learning, and we can maintain educational activities and school operations.”
Students and community members appealed to the board, arguing that pride flags are not political speech. School board President Bill Hutton said during a meeting in May that if the district allowed pride flags to be displayed, they’d have to allow that same ability to other groups. Hutton said that could include white supremacy groups.
Parents and community members offered to help Hutton parse the difference but the district has not reversed the policy.
At that same meeting, students also mentioned unfair treatment of the GSA in the past.
According to the lawsuit, the group has met once this year since restarting. While the group has been permitted to reform and meet on school grounds, court documents allege that the school’s principal views the group as an “unofficial club” and only “official” groups may advertise, fundraise and be included in the list of clubs in the school’s student handbook.
The suit is asking that the court require the school to allow the GSA to have the same access to “school facilities and avenues of communication, including fundraising opportunities, provided to curricular and official clubs.”
Call IndyStar education reporter Arika Herron at 317-201-5620 or email her at Arika.Herron@indystar.com. Follow her on Twitter: @ArikaHerron.