Buttars bill takes aim at gay clubs

A bill that its sponsor says would stamp out "a Nazi club, abortion club or sodomy club" in Utah public schools was unveiled Tuesday.

But some question whether SB97's language justifies banning gay-straight alliances in public schools, which sponsoring Sen. Chris Buttars, R-West Jordan, has said would be the bill's aim.

SB97 directs schools to deny clubs or their use of school buildings if their charter or activities would encourage criminal conduct, promote bigotry, or involve human sexuality.

Involving human sexuality is defined as "promoting or encouraging self-labeling by students in terms of sexual orientation; disclosing attitudes or personal conduct of students or members of their families regarding sexual orientation, attitudes or beliefs; advocating, approving or engaging in sexual activity outside of marriage; or presenting or discussing information relating to the use of contraceptive devices or substances, regardless of whether the use is for purposes of contraception or personal health."

Clubs also can be denied if the school deems it necessary to protect the "physical, emotional, psychological or moral well-being of students and faculty," maintain order, protect parent and student rights, maintain "boundaries of socially appropriate behavior" or ensure compliance with all applicable laws and policies.

A school's governing board would determine whether a club meets any of those definitions.

The bill is "designed to catch all non-desirable clubs, be it a Nazi club, abortion club or sodomy club," Buttars said. "Schools need to have the ability to control and regulate."

The bill also sets up procedures for authorizing curriculum-related and extra-curricular clubs, requires a faculty member be assigned to oversee them, allows a school to terminate a club for violating the bill's language and an appeals process, and requires parental permission for membership in any club.

Some parts of the bill read like Granite School District's clubs policy, said Martin Bates, attorney and assistant to the superintendent there. But he's not sure if gay-straight alliances could be excluded under its sexuality definition.

"If to join the club you have to say I'm gay or I'm straight, sure, that's a label. But (the word gay-straight alliance) isn't putting a label on a kid; this is the name of a club. It's going to take a court to decide it," said Bates, who says he saw a draft of the bill in recent weeks.