Attorney: NC School District Did Well to Ban Sex-Based Student Clubs
by Jim Brown
September 1, 2006
(AgapePress) - - A Christian attorney says, contrary to the claims of the American Civil Liberties Union (ACLU), a North Carolina school board's policy banning sex-based student clubs is clearly constitutional and within the boundaries of the law. The Rowan-Salisbury Board of Education enacted the ban in response to the formation of a Gay-Straight Alliance (GSA) club at South Rowan High School. The new policy is based on the school district's existing abstinence-only sex education policy.
David Gibbs III, the lawyer who represented Terri Schiavo's parents in their very public fight for the disabled woman's life, has been advising the Rowan-Salisbury School Board and defending their decision to enact the ban on sex-based school clubs.
Gibbs says although the ACLU argues otherwise, the school district's policy emphasizing abstinence-only sex education is not in any way "discriminatory" under the Federal Equal Access Act. And "allowing clubs into the school that deal with sexual activity or sexual orientation runs contrary to that policy," he asserts.
In fact, Gibbs feels the school district would be remiss in its obligations to students if it allowed sexually-oriented organizations to form. "The schools have, under the law, the right to keep things in order, to keep things in discipline, and to always act in the best [interests of the] well-being of the students," he contends.
Another point the pro-family legal advocate emphasizes is that the district's ban does not target any one group but rather applies equally to any sex-based club. Moreover, he says the school board members had several common-sense reasons for adopting the "no sex-based clubs" policy.
"They said we don't want to have any sexually transmitted disease," Gibbs notes. And, he continues, they said, "We don't want any unwanted teen pregnancies, we don't want any sexual harassment, we don't want any of the students harassing one another over sexual issues."
And the board members said they certainly "don't want any child predators or any molestation of any students," the Florida attorney adds, and they "don't want children coming into contact with material that would be adult only." The policy barring sex-based clubs, he suggests, is a measure designed to ensure that none of these undesired outcomes are encouraged through a school-sponsored activity.
Gibbs agrees with the Rowan Salisbury School Board officials that permitting sex-based student organizations in schools does not serve the students' best interests. Students should be communicating with responsible adults regarding sexual issues, he says, not sitting in clubs discussing it themselves.
Jim Brown, a regular contributor to AgapePress, is a reporter for American Family Radio News, which can be heard online.
