Some public schools are using web filtering software to block student access to positive info about LGBT issues and organizations. Blocking all LGBT content violates students’ First Amendment rights to free speech. They also violate the Equal Access Act, which requires equal access to school resources for all extracurricular clubs, including gay-straight alliances and LGBT support groups. Some schools have even configured their web filters to block access to websites for positive LGBT rights organizations, but still allow access to anti-LGBT sites that condemn LGBT people or urge us to try to change our sexual orientation. This is called viewpoint discrimination, and it’s also illegal.

ACLU Seeks Justice For Honorably Discharged Service Members In Ongoing Class Action Lawsuit

FOR IMMEDIATE RELEASE

May 10, 2011

CONTACT:

Robyn Shepherd, ACLU national, (212) 519-7829 or 549-2666; media@aclu.org

Micah McCoy, ACLU of New Mexico, (505) 266-5915 ext. 1003; mmccoy@aclu-nm.org

WASHINGTON – The Department of Justice (DOJ) today filed a motion to dismiss a class action lawsuit filed by the American Civil Liberties Union and the ACLU of New Mexico, which seeks full separation pay for service members who were honorably discharged but had their separation pay cut in half because of “homosexuality.” In the past six years, 142 honorably discharged veterans had their separation pay cut in half because of the discriminatory policy. The total amount of separation pay withheld from those veterans is approximately $2.1 million.

The lawsuit was filed in November 2010, before Congress repealed the “Don’t Ask, Don’t Tell” policy that barred gay or lesbian service members from the military. The lead plaintiff in the case is Richard Collins, a former staff sergeant in the Air Force who served for nine years until he was discharged under “Don’t Ask, Don’t Tell.” Collins was stationed at Cannon Air Force Base in New Mexico. In its response, the DOJ states that the half-separation pay policy applies not only to those who engage in “Homosexual Conduct,” but also those discharged from the military for drug and alcohol abuse or being deemed a national security risk.

The following can be attributed to Joshua Block, staff attorney with the ACLU Lesbian, Gay, Bisexual and Transgender Project:

“The government’s decision to contest these claims is baffling. These honorably discharged veterans were forced out of the military under the unconstitutional and discriminatory ‘Don’t Ask, Don’t Tell’ policy, which is in the process of being repealed. All that these veterans are asking for is to receive the same separation pay that any other honorably discharged veteran would have received. It is outrageous to equate these service members with those who were discharged for threats to national security and drug abuse. The government’s treatment of these veterans is shameful and adds insult to injury.”

The following can be attributed to Laura Ives, staff attorney with the ACLU of New Mexico:

“The Department of Justice’s action today is profoundly disappointing. The government must treat our veterans with the fairness and dignity they deserve, especially if those veterans were discharged from the armed forces under a policy that is in the process of being dismantled for being unconstitutional.”

For more information on the ACLU’s case, please visit: www.aclu.org/lgbt-rights/collins-v-united-states-class-action-military-separation-pay

To read the Department of Justice’s motion to dismiss: Collins Motion to Dismiss

James Walker (L) and Steven de los Santos (R), Clovis High School seniors advocating for the formation of a GSA.

CLOVIS, NM – Yesterday, in response to a legal demand letter sent by the American Civil Liberties Union (ACLU) of New Mexico, Clovis Municipal Schools (CMS) announced that it approved students’ application for a gay-straight alliance (GSA). High school senior Steven De Los Santos first applied for permission to form the club in late February. However, the application’s approval, which is usually a routine process, was subject to delay, uncertainty and an unexpected change of school clubs policy by the school board.

The law firm representing the school district, Cuddy & McCarthy, LLP, sent a letter dated May 4^th stating:

“Please consider this letter as the “approval” you requested and permission for G/SA to immediately begin holding meetings after school at Clovis High School…Supt. Myers has directed the principal of Clovis High School to immediately contact the G/SA “applicants” and make arrangements for the G/SA to begin holding its meetings at the time and place requested in the application.”

“We are very pleased that the CMS superintendent has clearly and unequivocally stated that a gay-straight alliance is welcome at Clovis High School,” said ACLU of New Mexico Executive Director Peter Simonson. “The ACLU will continue to keep a close eye on this situation to ensure that the newly-approved GSA is afforded the same treatment and access that any other non-curricular club enjoys.”

Currently, there are scores of GSA clubs in high schools throughout New Mexico and more than 3,000 such clubs in schools nationwide. GSA clubs help to provide a safe, supportive environment for Lesbian, Gay, Bisexual and Transgender (LGBT) students and their straight allies to be themselves and educate the school community about homophobia, gender identity and sexual orientation issues. Scientific studies show that students—both gay and straight—in schools with GSA clubs are less likely to suffer from discrimination, harassment and violence.

“This is definitely a good day for us,” said De Los Santos. “When I first started this club, I had little hope of it getting approved because of the difficulty students have had forming a GSA in the past. Today, I heard those words, ‘It’s approved.’ It’s phenomenal, so unreal, to think that something like this would happen in Clovis. From here things for LGBT students at school can only get better.”

CONTACT: Micah McCoy, (505) 266-5915 Ext. 1003, mmccoy@aclu-nm.org

###

James Walker (L) and Steven de los Santos (R), Clovis High School seniors advocating for the formation of a GSA.

CLOVIS, NM – The American Civil Liberties Union of New Mexico sent a letter to Clovis Municipal School District Superintendent Terry Myers today urging “immediate approval” of a Gay-Straight Alliance (GSA) club at Clovis High School in Clovis, New Mexico. The letter noted that “students have been waiting approximately two months for your approval to begin meetings…Unreasonable delay in approving the GSA singles this organization out as receiving unequal treatment compared to other student organizations.”  The ACLU said it is “prepared to take whatever legal action is necessary to defend the legal rights of students seeking to form the GSA.”

“We’re calling on the Superintendent to act in good faith and to approve the GSA now,” said ACLU-NM Executive Director Peter Simonson.  “Don’t delay this decision in hopes it goes away over the summer.  The students have waited patiently and they’ve followed all the procedures required of them.  They deserve this club.”

GSAs are student-run extracurricular clubs that bring together lesbian, gay, bisexual, transgender and straight students to support each other and promote tolerance, and are common in public school districts throughout New Mexico and the nation.

Student Steven de los Santos first made the request to form the GSA in February 2011. However, last month the school board for the Clovis Municipal School District voted to ban all non-curricular clubs from meeting during school hours or using school resources, making it harder for club organizers to publicize meetings. The GSA was still not given approval to form as a non-curricular club.

In the letter, the ACLU of New Mexico calls attention to the fact that some non-curricular clubs have been allowed to meet after school since the board vote. The school cannot refuse to allow a GSA to meet without violating the First Amendment and the Equal Access Act.

“Although the superintendent insists that the change in policy was not due to any particular club request, the fact remains that the GSA still has not been given approval to meet,” said ACLU-NM Staff Attorney Alexandra Freedman Smith. “If other clubs are allowed to meet, the school cannot exclude certain groups while allowing others.”

The ACLU letter points out that the GSA has a faculty sponsor, the students have submitted a detailed description of this student club and they have agreed to hold meetings after the school day is over.

“We’ve been waiting for months for the school board to give us permission to meet, even if that’s after school hours,” said de los Santos. “All we want is to form a club that will promote tolerance and offer support to students who just want to be themselves, but we’re running out of time before the school year ends.”

For a copy of the demand letter, please click HERE.

FOR IMMEDIATE RELEASE
CONTACT: Micah McCoy, (505) 266-5915 Ext. 1003 or mmccoy@aclu-nm.org

###