When I was in law school we participated in a mock court competition where the issue of gay straight alliances was in question. It was based on a landmark decision that had recently come out in favor of GSAs. But the news today illustrates that the question of support groups for gay students in high school is far from settled.

Florida, that lovely state that has been flip flopping on gay rights all year, houses Yulee High School. Yulee has banned the formation of a GSA and now the ACLU is suing on behalf of the students.

Many schools across the country have actually denied all non-academic clubs in order to legally prevent GSAs on campus (the logic is that if all types of a certain speech are banned it does not violate the Constitution – get rid of all social clubs and you get rid of the gays). But every once and a while a school slips up and allows a Christian club or a babysitters club to form. That triggers the constitutional right to set up your own GSA.

But the kinds of clubs do not settle the question.

Many administrators say that they are banning the GSA because gay kids in their school are harassed so mercilessly, gathering them all in one room would create a lightning point of contention and could risk the safety of gay students. The court gives deference to school administrators because they know the specific social circumstances of the school better than a judge in a different city or, in the case of the Supreme Court, a different part of the country altogether. This argument has convinced some lower courts that a GSA is just too risky at this point in history.

Thankfully, the Federal Court disagrees. It thinks that punishing a small group of students because of the intolerant actions of the masses is unconstitutional. Based on this logic, even if the whole school protested classes because of the GSA, the school administrators would be responsible for punishing each of their students before eliminating the gay club.

I think students who establish these alliances are incredibly brave. The courts have documented the kind of violence gay students face in small towns and conservative cities across America and has traditionally supported the students’ bravery.

Now if only we could get the administrators onside….