(Minneapolis, Minnesota) A federal appeals court has ruled that Osseo Area Schools violated federal law in limiting access for a student gay rights club. It issued a permanent injunction that orders the school district to let the club have the same access to school facilities and resources as all other clubs.

Two students sued the school district in September 2005, claiming that groups including the Spirit Council, the Asian Culture Group and the Chess Club were allowed to publicize meetings and events, but members of Straights and Gays for Equality (SAGE) were consistently denied such requests.

The plaintiffs were two female students who were seniors at the school.  They were represented by  the American Civil Liberties Union of Minnesota.

Defendants included the current and past superintendents of the Osseo School District, the school’s principal and the district’s school board members.

The lawsuit claimed a violation of the federal Equal Access Act, which holds that public schools must extend the same privileges to all student-organized, non-curricular clubs.

Last year, a federal judge ordered the school district to recognize the club and to treat SAGE like any other student group when it came to access for meetings, avenues for communication and other rights.

The school district appealed to the Eight Circuit Court of Appeals. The Appeals Court ruling upholds the lower court ruling.

“The federal Equal Access Act makes it crystal clear that schools can’t pick and choose how they treat clubs based on which students’ views they like and which ones they don’t,” said Chuck Samuelson, Executive Director of the ACLU of Minnesota. 

“These students wanted nothing more than a place to talk about how to stop anti-gay harassment and discrimination at their school and in the community.  That’s something schools should welcome, rather than waste taxpayer money and break the law to stop.”