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Murray, Olivia – Multicultural Perspectives, 2011
In the wake of institutionalized homophobia afflicting public schools, the nation faces a unique opportunity to acknowledge and transform the assumption that all people are or should be heterosexual and gender-conforming. In this article, the author examines how people, as a nation, can reform schools to be more inclusive of diverse student…
Descriptors: Federal Legislation, Homosexuality, Educational Policy, Social Bias
Crossley, Danielle S. – Online Submission, 2010
School Boards desiring to avoid the requirements of the Equal Access Act (EAA) to prevent students from organizing Gay-Straight Alliance (GSA) clubs within their schools may have difficulty doing so. However, legal experts have recently purported ways to accomplish this task in order to avoid the problems that may arise when students attempt to…
Descriptors: Clubs, Homosexuality, High School Students, Student Rights
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Robinson, Malila N. – Journal of LGBT Youth, 2009
This brief discusses the Equal Access Act of 1984 and the clarifications set out in the 1990 case of "Board of Education of the Westside Community Schools v. Mergens", as to the protections afforded to queer-friendly student clubs and organizations in public schools. The brief also touches on why these queer-friendly clubs and…
Descriptors: Public Schools, Clubs, Student Organizations, Federal Legislation
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Meyer, Elizabeth J.; Stader, David – Journal of LGBT Youth, 2009
This article builds on Lugg's (2006) discussion of surveillance in public schools and how queer youth are resisting schools' current efforts to regulate sexual orientation and gender expression in the U.S. and internationally. Legal complaints initiated by queer youth against their schools for harassment and access to extra-curricular activities…
Descriptors: Public Schools, Sexual Orientation, Homosexuality, Social Bias
Fossey, Richard; DeMitchell, Todd A.; Eckes, Suzanne – Education Law Association, 2007
Schools are experiencing an increased level of litigation about issues pertaining to sexual orientation. This monograph provides educators and attorneys with a comprehensive analysis of this litigation along with practical tips for avoiding lawsuits in this sensitive area. The monograph consists of six chapters and addresses the following topics:…
Descriptors: Sexual Orientation, Public Schools, Court Litigation, Civil Rights
Underwood, Julie – Education Digest: Essential Readings Condensed for Quick Review, 2004
This article discusses practical guidance on schools' legal rights and responsibilities with respect to students, programs, and curriculum. Like all other individuals, lesbian, gay, bisexual, and transgender (LGBT) students are guaranteed equal protection under the Fourteenth Amendment to the Constitution and free speech and association under the…
Descriptors: Educational Environment, Administrator Responsibility, Equal Protection, Homosexuality
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Metzger, Devon – American Secondary Education, 2002
Describes citizenship education program for achieving common ground in a multicultural society that emphasizes religious liberty in American democracy protected by the First Amendment. Includes five areas: conflict resolution, consensus building, religion in the curriculum, teacher education, and religious expression in public schools. (Contains…
Descriptors: Citizenship Education, Conflict Resolution, Cultural Pluralism, Elementary Secondary Education
Buckel, David – 2000
This paper examines the legislative history of the federal Equal Access Act (EAA), which states that public secondary schools must recognize gay-related groups where the schools receive federal assistance and have a "limited open forum." If the EAA applies, a school must provide a gay-related student group with access to the school that…
Descriptors: Federal Legislation, High School Students, Homosexuality, Public Schools
Jones, H. Lawrence; Martin, James – 1991
The Equal Access Act of 1984 was drafted to implement access for religious clubs to public secondary schools, but with constitutionally protected safeguards to preclude entanglement of church and state. A number of challenges were made on the constitutional grounds of excessive entanglement of church and state, as well as what the definition of…
Descriptors: Board of Education Policy, Extracurricular Activities, Federal Legislation, Federal Regulation
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Johnson, T. Page – West's Education Law Reporter, 1991
U.S. Solicitor General Kenneth W. Starr has asked the Supreme Court to abandon the Establishment Clause it formulated in "Lemon v. Kurtzman" (1971) for cases involving governmental accommodation of religion in civic life. Starr's "amicus curiae" in "Lee v. Weisman" questions the clause's persistent tendency to…
Descriptors: Court Litigation, Elementary Secondary Education, Legal Problems, Religious Factors
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James, Bernard – Social Education, 1990
Discusses the "Board of Education of the Westside Community Schools v Mergens" case that was recently decided by the U.S. Supreme Court. The Court stated that refusal to allow the student Bible club to meet on school property violated the federal Equal Access Act. Presents the constitutional issues raised and the case's significance.…
Descriptors: Civil Liberties, Constitutional Law, Court Litigation, Freedom of Speech