St. Paul, Minn. -The Osseo school district appealed the U.S. District Court's decision to grant a permanent injunction. No date has been set for the appeal. In September, the U.S. District Court for the District of Minnesota granted a permanent injunction against the Osseo School District. The injunction requires the Osseo School District to afford a student group promoting tolerance and respect for gays and lesbians the same treatment as other non-curricular student groups at Maple Grove High School. The injunction requires the school to treat Straights and Gays for Equality like any other student group when it comes to access for meetings, avenues for communication and other rights afforded to other student groups.
The ACLU-MN and cooperating attorneys Tom Kayser, Dave Pinto and Genevieve Zimmerman
of Robins, Kaplan, Miller & Ciresi L.L.P. brought the case in September 2005 following nearly
two years of discussions with the school district over its policy toward the student group. In her
ruling, Judge Joan Ericksen determined that the school district was providing favorable treatment
to at least four non-curricular student groups: Cheerleading, Synchronized Swimming, Spirit
council and Black Achievers. The Equal Access act requires schools to treat all non-curricular
student groups equally. The Court made a preliminary injunction permanent, meaning that
SAGE will be able to continue being treated the same as other groups at the school.
"We are pleased with this decision because it reinforces the right to equal treatment for groups
like SAGE. This ruling will allow them to continue their important work to promote tolerance
and to ensure that traditionally marginalized students feel safe and valued at school," said
ACLU-MN Legal Counsel Teresa Nelson. "We hope that this decision will embolden students
around the state to stand up for their rights when they are violated by schools that try to stifle
their speech."
Founded in 1952 as the Minnesota Civil Liberties Union, the ACLU-MN fights to protect the
civil liberties of Minnesotans through litigation, public education, and lobbying related to
legislation that impacts civil liberties and civil rights.