St. Paul, MN – The Eighth Circuit Court of Appeals today issued a decision upholding a preliminary injunction requiring the Osseo School District to afford a student group promoting tolerance and respect for gays and lesbians the same treatment as other extra-curricular student groups at Maple Grove High School. The preliminary injunction requires the school to treat SAGE (Straights and Gays for Equality) like any other student group when it came to access for meetings, avenues for communication and other rights afforded to other student groups.
The Minnesota affiliate of the American Civil Liberties Union filed the suit in September 2005 following nearly two years of discussions with the school district over its policy toward the student group. In its ruling, the three-judge panel affirmed Federal District Court Judge Ericksen’s determination that SAGE is likely ultimately to win its suit, and that the preliminary injunction was needed to protect to the group in the meantime.
"Groups like SAGE work to promote tolerance and to ensure that traditionally marginalized students feel safe and valued at school,” said ACLU-MN Legal Counsel Teresa Nelson. “Instead of denying SAGE equal access, the school should be encouraging these students, and this order is an important first step toward that happening. We are gratified that it was upheld."
Attorneys Tom Kayser, Michael Okerlund and Dave Pinto of the firm Robins, Kaplan, Miller & Ciresi, L.L.P. handled the case for the ACLU-MN. “We’re very pleased by this decision,” said Kayser. “We assume that the School District will continue to comply with this order.”