2 bills target gay-straight clubs

Parents and education leaders called a bill that would ban gay-straight alliances in public schools unnecessary, and some leaders say it would violate the Equal Access Act.

SB97 bill sponsor Sen. Chris Buttars, R-West Jordan, was absent and unable to present the bill Monday before the Senate Education Committee. But it was discussed with no action taken.

"This bill conflicts with the Equal Access Act that was passed to help guarantee and protect the rights of students," said Margaret Plane, legal director for the American Civil Liberties Union. "If this passes it will violate state law (and) violate the constitution," she said.

The bill directs schools to deny clubs or their use of school buildings if the club charter or activities would encourage criminal conduct, promote bigotry or involve human sexuality by "promoting or encouraging self-labeling by students in terms of sexual orientation" and "disclosing attitudes or personal conduct of students or members of their families regarding sexual orientation, attitudes or beliefs."

But the Equal Access Act states that if a school allows non-curricular clubs to exist the school cannot discriminate against students who want to meet based on their religious, political, philosophical beliefs or the content of their speech.

"If this bill becomes law, schools will be in the position of either having to violate the new state law, having to violate the Equal Access Act and risk federal funding or having to ban all non-curricular clubs," Plane said.

Brandon Monson, a senior at Hunter High, told committee members that eliminating GSAs would be a detriment to school and community as a whole.

"They promote diversity and offer another perspective to high school culture," said Monson, a straight student who has attended GSA meetings. "GSAs make the community a better place and offers students a place to feel safe with who they are — gay, straight, purple, green. . . . getting rid of these would be such a step back from so much work that has been done over the past 10-15 years."

Steve Peterson, executive director of the Utah School Board Association, said the bill is not needed because the issue is already covered by a state board rule.

He told the committee it was an encroachment on the State Board of Education and would require all school districts to adopt and modify their policies on clubs.