Huntsman signs gay-clubs bill
Protests from ACLU and others fail to prevent OK
Earlier this week the governor had some concerns about the bill and had been seeking advice from several individuals and groups. The governor's office also was "getting a number of calls" over the measure.
Because of those concerns Rep. Aaron Tilton, R-Springville, the bill's sponsor, said he wasn't sure if the bill would be signed or vetoed. But he said he was pleased with the governor's decision.
"There were prior versions of the bill that he would have vetoed. However, this legislation simply codifies items already in state board rules," said Mike Mower, the governor's spokesman. "It also makes clear that it is not targeting any one club or organization.
"The seventh substitute HB236 ensures parents will have the right to approve of any school club or organization their child participates in," Mower said.
In a letter to Huntsman, the American Civil Liberties Union stated its opposition to the bill because it fears schools will use the law as a way to violate the Federal Equal Access Act, which prohibits schools from discriminating against clubs based on "political, philosophical or other content of the speech" at student meetings.
"The language, it's ambiguous enough that some schools may view it as permission to ban clubs they or their community find to be controversial. Under the Equal Access Act, that's not permissible," she said. "(If a district does that) the state will be responsible for defending a lawsuit for which potentially they shouldn't have had to."
There are about a dozen gay-straight alliances in Utah schools. The Senate's only openly gay member, Sen. Scott McCoy, D-Salt Lake City, argued against the bill because he said it was vague and could create different standards for school clubs throughout the state.
The bill had gone through a number of changes during the legislative session, and a conference committee of Senate and House lawmakers ultimately came to an agreement with which both sides were satisfied.
Under the new law, any club needs a faculty sponsor, and if the proposed club cannot find one, the club cannot form.
Non-curricular clubs will also need to file their applications "in a reasonable amount of time."
Opponents, including the state Board of Education, called the bill unnecessary since school districts had their own policies regarding non-curricular clubs. And some said the Legislature was micromanaging districts.
But Tilton said the law will highlight parental rights.
"We now have a statement — not just in policy but in statute — saying parents' rights are paramount."
Contributing: Brock Vergakis, Associated Press
E-mail: terickson@desnews.com
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