ACLU-NM Urges Clovis Schools to Allow Gay-Straight Alliance Club
CLOVIS, NM – Today, the American Civil Liberties Union (ACLU) of New Mexico called on Clovis Municipal School District School Board Members to allow students at Clovis High School to form a non-curricular Gay-Straight Alliance (GSA) club. On Tuesday, April 26, board members will meet to consider abolishing all non-curricular student clubs in order to block the club’s formation.
Gay-Straight Alliances are non-curricular, student initiated and student run clubs, with the goal of providing a safe, supportive environment for lesbian, gay, bisexual, transgender, questioning (LGBTQ) and allied straight youth to meet and discuss sexual orientation and gender identity issues, and to work to create a school environment free of discrimination, harassment and intolerance. Currently, there are more than 3,000 GSAs in schools throughout the United States. In a 2009 survey conducted by the Gay, Lesbian and Straight Education Network (GLSEN), students who attended schools with GSA groups were more likely to report feeling safe at school and less likely to report harassment due to their perceived or actual sexual orientation.
Today, ACLU of New Mexico Staff Attorney Alexandra Freedman Smith sent a letter to the Clovis School Board, urging that they not deny high school students the personal enrichment and opportunities provided by non-curricular clubs:
“Non-curricular activities are a vital part of any educational program and provide students with enriching and rewarding experiences. At Clovis High School, you have non-curricular service clubs, religious clubs, a chess club, and other similarly engaging groups. To simply discontinue these clubs would deprive all students of a rich and diverse set of activities to engage in outside of class. Eliminating these clubs would doubtlessly diminish the vibrancy of the high school community in Clovis.”
The full text of the letter can be read HERE..
Under federal law, if public schools allow non-curricular clubs—such as Chess Club or the Fellowship of Christian Athletes—they have created a limited open forum and must give equal access to any students who wish to form additional non-curricular clubs. Once this limited open forum is established, school officials may not discriminate against any club based on its viewpoint. However, some schools attempt an end run around this law by abolishing all student non-curricular clubs, blocking access to not only GSAs, but all other non-curricular clubs as well.
“It is a shame that Clovis the School Board would consider such drastic action, all just to prevent students from creating an open, safe place at school for LGBT youth and straight allies to gather,” said ACLU of New Mexico Executive Director Peter Simonson. “LGBT students are often the targets of bullying and may have no other place where they feel accepted and supported. To deny them this support—while simultaneously denying every other student the opportunity to participate in other non-curricular clubs—is unjustifiable.”
The ACLU of New Mexico invites students from other school districts to file a legal complaint online at aclu-nm.org if they believe that their school is attempting to prevent the formation of GSAs, censoring websites with content geared towards the LGBT communities or otherwise discriminating against students based on their sexual orientation or gender identity.
FOR IMMEDIATE RELEASE
April 25, 2011
CONTACT: Micah McCoy, (505) 266-5915 x1003 or mmccoy@aclu-nm.org
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Under Attack: Protecting Civil Rights in an Age of Extremism
This year’s legislative session was one of the most challenging in recent memory for progressive groups. Our opponents are energized, united, and determined to cripple basic guarantees of fairness and equality that we have long taken for granted.
Their bold attacks on workers’ rights, civil liberties, and services for the poor mirror national trends and signal a new era for New Mexico politics.
Join us for the 2011 ACLU-NM Annual Meeting, where we will host a panel discussion on the future of progressive causes in New Mexico. Panelists include:
- CARTER BUNDY, political and legislative director for AFSCME in New Mexico, who will speak about the right’s attack on public sector unions;
- JENNY BLACK, president of Planned Parenthood New Mexico, speaking on anti-choice extremists’ ramped up assault on women’s access to abortion;
- MELISSA HILL, Legislative Committee chair for the New Mexico Criminal Defense Lawyers’ Association, addressing the crisis facing New Mexico’s public defender system;
- and PETER SIMONSON, Executive Director of the ACLU of New Mexico, who will speak about the targeting of immigrants, efforts to stymie rights of LGBT people, and the abuse of executive power in government.
The discussion will be moderated by GENE GRANT, Weekly Alibi columnist and host of KNME television program New Mexico inFocus.
This event is free and open to the public. Space is limited, so please RSVP today online or call (505) 266-5915 x1009
ACTION ALERT: Make a Difference, Call Your Legislator!
It’s that time of year again: the New Mexico legislative session, where laws are made that affect every person in our state. No other time is more important for you to let your state senators and representatives know what issues you support.
We’ve seen more bad bills introduced in this legislative session than we have in recent memory, some of which-should they pass-would constitute a serious and possibly permanent blow to civil liberties in New Mexico. We need your help to ensure that this does not happen.
However, there are a few bright spots out there, like SB 152 and SB 151:
Currently, state police in New Mexico are required to ask the immigration status of anyone they arrest. We need to guard against these kinds of policies that diminish public safety and invite racial profiling by passing SB 152, the “No Fear” bill. SB 152 would prohibit police from inquiring into people’s immigration status, reducing racial profiling and ensuring that victims and witnesses of crime are never afraid to ask for help.
When natural disasters struck San Diego and New Orleans, some immigrants reported that emergency responders denied their families emergency relief services because they were undocumented. SB 151 makes this potentially deadly form of discrimination illegal in New Mexico. Emergency service providers should never ask anyone in danger, “Show me your papers.”
Please call your senator today and ask them to support SB 152 and SB 151 to keep our communities safe and stop Arizona-style racial profiling in New Mexico.
Here is a short video tutorial demonstrating how to find your legislator and ask them to support the fundamental rights of New Mexicans:
Here’s a sample script for your call:
Hello, my name is [name] and I’m a constituent of [your senator]. I am calling you today to urge [your senator] to help keep our communities safe by supporting of Senate Bills 152 and 151.
People in New Mexico should never be afraid that contacting the police or emergency services will lead to an inquiry into their immigration status. SB 151 and 152 will help prevent racial profiling and keep our communities safe.
Thank you for your time, and please let [your legislator] know that I support SB 152 and SB 151 and urge [him/her] to do the same in the Senate.
Useful links:
DOMA in New Mexico: Codifying Discrimination in the Constitution

Early this month, the Iowa Legislature heard testimony from 19 year-old Zach Wahls as it considered amending the Iowa Constitution to reflect the discriminatory views of an ever-shrinking percentage of the public by limiting the legal definition of marriage to a union between one man and one woman. Zach eloquently delivered his message as a student at the University of Iowa, an owner of a small business, and a successful son of two proud and loving mothers. In his brief address, Zach touched upon some of his most deeply-seated beliefs and most influential experiences that portray a compelling picture of everyday life in a family headed by a same-sex couple – a picture that would appear very familiar to families everywhere in almost every aspect. Zach and his family do have an alternative story, however. Due to statutory prohibitions on the freedom to marry, same-sex couples and families have long been denied the rights that many take for granted and could not imagine living without. Unfortunately, Iowa does not stand alone in its push for a Definition of Marriage Amendment (DOMA) – New Mexico is currently considering not one, but three separate DOMA bills in the 2011 Legislative Session (HJR 7 and SJR 4, which define marriage and HJR 8 that prohibits legal recognition of out-of-state same-sex marriages).
By amending the New Mexico Constitution to limit marriage to opposite-sex couples, the people of New Mexico would codify into law the discrimination that Zach and many others cite as the most formidable barrier to societal inclusion that LGBT families face today. Indeed, the meaning of marriage extends far beyond mere fiscal benefits associated with civil unions. Constitutional amendments that limit the definition of marriage define far more than the meaning of a word – they define the way in which many American families live, interact with their neighbors, and identify themselves.
Discriminatory practices and attitudes against LGBT individuals and families have been entrenched in our society for too long, and the time is ripe for swift and effective change. Now, more than ever, public sentiment favors fair treatment to discrimination, equality over exclusion. Same-sex couples that once were forced to love in silence now declare publically their commitment to each other and to the families they raise, stating unequivocally that they do not wish to change the institution of marriage – they merely want to join it.
The ACLU strongly opposes the passage of these discriminatory and unconstitutional DOMA bills which deny the freedom to marry to gay and lesbian couples. However, the push for equal rights to marriage must begin and end with the people:
Ryan Schotter
Intern - ACLU of New Mexico
Student Advocacy Day 2011
Interested high school and university students are invited to participate in the 2011 ACLU-NM Student Advocacy Day during the New Mexico state legislative session. Talk to your representatives and urge them to support key civil liberties issues that are important to you. This year we will be focusing on:- LGBT rights;
- Immigrants’ rights;
- Corporal punishment; and
- Students’ rights



