Thursday, February 22, 2007

I'm not a lawyer - I just play one on the internet

Utah's state legislature just passed a bill to restrict GSA's in that state. More from
The bill would allow schools to ban clubs they believe would threaten the "moral well-being" of students or faculty.

It would require parents to sign a consent form before their children can join clubs and it would force clubs to provide school principals with information that would be presented to the club a week in advance so parents can review it.

The legislation also requires the state to cover the costs of lawsuits involving the restrictions of school clubs. That provision is seen as a move to use the power of the state to prevent lawsuits if Gay-Straight Alliances were banned at schools.
Gosh, they just don't stop trying, do they? Didn't Lawrence say that states couldn't use morality alone as a reason for justifying a law? Didn't the Federal Equal Access Act say that schools had to allow all clubs regardless of content the same access to school facilities? And doesn't restricting lawsuits to overturn the law imply that they already know that there's good reason to overturn it?

Silly me for thinking that the law should apply to some situations where it explicitly applies.

But maybe if we look at it this way:
Both [UT Senator] Buttars and [UT Representative] Tilton say the bill will survive a legal challenge because it imposes the same restrictions on all clubs equally.
Yeah, all clubs, from the Chess Club to the Astronomy Club, will have to be equally non-gay. Why didn't I think of it that way? (More importantly, why did Chess Club and Astronomy Club come to me first as examples of high school clubs?)

(Crossposted to bilerico)

No comments: