From Deseret News archives:

Buttars wants to prohibit gay clubs

He plans bill to stop homosexual-straight alliances in schools

Published: Wednesday, Dec. 14, 2005 11:55 p.m. MST
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"The kids just get together and talk about how they can be part of the school. That's their whole conversation," Breen said. "I think they've made a big difference with the kids that are involved. . . . (We should) definitely keep it around, no question about it."

Burnett says some alliances talk about civic issues and bring in guest speakers on current events. Sex isn't part of the discussion — that would be illegal under Utah law. Clubs at Bountiful and Hillcrest high schools, for example, have teachers assigned to them.

"They give youth — both gay and straight kids — a place to come together and talk about issues that affect them . . . and how to improve the school environment by talking to teachers and others in the schools, educating them about diversity and acceptance," said Valerie Larabee, executive director of the GLBT center, which held an inaugural meeting for a Utah chapter of the Gay Lesbian Straight Education Network (GLSEN) Wednesday.

Jordan District superintendent Barry Newbold believes a ban would have far-reaching consequences under federal "equal access" laws.

"Going after a single club or group is a very small piece of a larger legal issue as it relates to open and closed forums," he said. "This would essentially create closed forums on all school campuses," meaning no extra-curricular clubs.

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"You have to let all clubs in or ban all clubs," Eyer said. "It is settled law."

But Ruzicka says the bill won't have to deal with equal access issues.

"Equal access does not allow for illegal or immoral activities, (nor) does our Utah law. Would they allow a marijuana club? A tobacco club? Because we have an equal access law doesn't mean they have to allow every club in there," she said. "We do not want to violate equal access. Districts (allowing gay-straight alliances) either don't understand the law, they're ignoring the law, or they're under pressure." Buttars said he personally is not afraid of a lawsuit. "I know the school districts and some others are scared of the ACLU. Not me."

The East High lawsuit cost the state $175,000, and the state's risk management division declined to fund an appeal of the PRISM ruling.

McCoy calls Buttars' timing curious. "I suppose it has to do with the Provo (High alliance and) being an election year."

It is not unusual for some Republicans to introduce conservative, moral legislation in an election year, and if Democratic lawmakers vote against the bills then GOP challengers have an issue to take after the Democratic incumbents. Already, several Democratic legislators have complained about an anti-abortion bill that will be introduced when legislators convene Jan. 16.

"I hope this doesn't pass," McCoy said of the clubs bill. "It is the mantra of the far-right not to be deterred by a threat of litigation, but Utah taxpayers suffer."


Contributing: Laura Hancock, Deborah Bulkeley


E-mail: bbjr@desnews.com; jtcook@desnews.com

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