Maple Grove High gay rights group wins ruling

A judge issued a permanent injunction against treating a Maple Grove High group favoring gay rights any different than other groups.

By Tom Ford, Star Tribune

Last update: September 26, 2007 - 12:01 AM

Their numbers rebounding, the members of a gay-straight student group at Maple Grove High School, who have been at the center of a two-year legal battle, got a boost Tuesday thanks to a Minnesota federal judge.

U.S. District Judge Joan Ericksen ruled that the school must continue to provide equal communications access for the Straights and Gays for Equality (SAGE) student group.

In her ruling, Ericksen wrote that the school had violated the federal Equal Access Act by allowing other extracurricular groups -- such as cheerleading or synchronized swimming -- the chance to use school bulletin boards or the public address system, a right denied to SAGE.

"I'm just really, really thrilled [by the ruling]," said one of the two former students and SAGE members who initiated the legal case by suing the Osseo School District in 2005.

She identified herself only by her initials, N.R. (The students involved in the case have been identified only by their initials to protect their privacy.)

Since Ericksen placed a temporary injunction on the school last year, requiring equal rights for SAGE, membership in the group has jumped from three to about 20.

"After we've had these rights, participation has gone up so much," said N.R., who graduated from Maple Grove High in 2006. "They're doing so many good things. ... It makes me really excited and proud that they continued on."

The district has argued that SAGE had been denied broader access to communication channels not as a result of the group's popularity or any moral judgments, but rather because its purpose and activities are not related to the school's curriculum.

School officials have said they need to place some limits on a group's access, and the line is drawn in favor of "curricular" groups.

However, as outlined in her ruling Tuesday, which placed a permanent injunction against the school, Ericksen said that the district's definition of several groups as "curricular" goes against federal law.

For example, Ericksen cited the school's Spirit Council, which is responsible for organizing dances and school pride activities. She wrote that "planning school dances and events is not taught in political science; there is no evidence that the subject matter of the Spirit Council is actually taught or will soon be taught in a regularly offered course."

The ruling was filed late in the day Tuesday, and school officials had not had time to fully review Ericksen's decision, said Lawrence Hayes, an attorney for the district.

He said the district will consider all its options, which include appealing the ruling.

He added that his clients had hoped Ericksen would have delayed any ruling until they had a chance to present their full case at a trial, the date of which has yet to be scheduled.

Group is growing

David Pinto, an attorney for the students, said they, too, are starting to review what their next step will be.

The case has been ongoing just shy of two years.

"We always knew going into it that it wasn't going to be easy and that the legal process was really slow," N.R. said. "I don't think anyone foresaw it going on for quite so long."

Still, she and current SAGE members said they have witnessed numerous gains already.

One of the group's leaders, a junior who identified herself as K.L., said the fact that members have been able to put up posters and other advertisements has increased participation and awareness of the group's annual day of silence.

On that day, students who take part don't talk at school the entire day in an effort to represent the struggle GLBT (gay, lesbian, bisexual and transgendered) students face in revealing their sexual orientation.

K.L. said the group has had a few dozen students participate during the past two years.

Tom Ford • 612-673-4921

Tom Ford • tford@startribune.com

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