Oral arguments were held yesterday before the U.S. Sixth Circuit Court of Appeals in Morrison v. Board of Education of Boyd County. (ADF Fact Sheet). Initially the ACLU sued Ashland, Kentucky's Boyd High School to vindicate the right of students to form a gay-straight alliance club at the school. As explained in a 2005 ACLU release, the case was settled under an agreement that required the school to treat all student clubs equally and which also required the school to conduct anti-harassment training for all students and staff. Subsequently the Alliance Defense Fund sued the school, claiming that the anti-harassment training violated the rights of students opposed on religious grounds to homosexual conduct. However, in February 2006, a Kentucky federal district court upheld the school's policies. (See prior posting.)
The ACLU intervened in the ADF's lawsuit. In its brief to the 6th Circuit on appeal, the ACLU explained its position as follows: "Intervenors joined this litigation to ensure that the Board complied with its obligations under the Consent Decree by, among other things, conducting mandatory anti-harassment trainings. After careful review of the Board’s 2004-2005 anti-harassment policies, however, Intervenors came to agree with Plaintiffs that the policies were broader than the Constitution permits. Accordingly, Intervenors both joined the Board in moving for summary judgment with respect to the claims seeking a constitutional right to opt out of the anti-harassment trainings, and joined Plaintiffs in moving for summary judgment with respect to the claims involving the anti-harassment policies."
After yesterday's oral arguments, ACLU attorney Sharon McGowan said: "We've always believed that it’s entirely possible for schools to enact policies that keep gay and lesbian students safe while still respecting the First Amendment rights of students who hold anti-gay beliefs." (ACLU Release). Links to all the legal documents in the case are available online.
