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Georgia teen Kerry Pacer, a lesbian who tried to launch a gay-straight alliance at her high school last year, is one of several students suing their school because it blocked their efforts.




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LEGAL BRIEFS

Legal Briefs
ACLU sues Georgia school over gay-straight alliance


Friday, March 03, 2006

ATLANTA—The ACLU of Georgia filed a federal lawsuit this week against the White County school system in north Georgia, alleging high school administrators violated the federal Equal Access Act last year by banning all non-curricular school clubs as a way to keep out a gay-straight alliance. Kerry Pacer, a 17-year-old lesbian who tried to launch a gay-straight alliance in her north Georgia high school, is one of several students now suing the school for blocking their efforts. The suit alleges the White County school system violated the federal Equal Access Act that guarantees when a school allows any non-curricular student group to form, it must then allow all such groups and must treat the groups equally. Peers Rising In Diverse Education (PRIDE), the gay-straight alliance, was founded at White County High School by Kerry Pacer and another teen. One day after filing of the suit, the Georgia Senate revived and passed a bill that would require parental approval for all non-academic clubs; a less stringent measure has already passed the House. The gay-straight alliance was founded at White County High School by Kerry Pacer and another teen. The lawsuit alleges the school district violated Pacer’s rights by suspending her for wearing an "I love lesbians"
T-shirt to school.


Tenn. court refuses to block anti-gay amendment vote
NASHVILLE, Tenn. (AP)—A judge last week upheld the way lawmakers took up a resolution banning gay marriage in Tennessee, rebutting plaintiffs’ claims that the Legislature did not follow the rules in preparing the amendment. The ACLU of Tennessee had filed a lawsuit charging that the state failed to meet notification requirements as outlined in the Tennessee Constitution, which states an amendment must be published six months before the General Assembly election. The text of the amendment was published by the secretary of state on June 20, or four months and 11 days before the Nov. 2, 2004, election. The amendment passed the Legislature overwhelmingly in 2005 and will be voted on Nov. 7 in the statewide general election. But Davidson County Chancellor Ellen Hobbs Lyle ruled that the "publication requirement was met and the plaintiffs were not injured."


French court allows gays second-parent rights
PARIS—Both members of a gay couple, and not just the one who is the biological parent, can exercise parental authority over a child, France’s high court ruled last week, Reuters reported. The Cour de Cassation, which interprets French law but does not hear trials, said in its verdict: "The civil code is not opposed to a mother, as sole holder of the parental authority, delegating all or part of the duties to the woman with whom she lives in a stable and continuous union." The ruling may open the way for more debate on gay marriage and the adoption of children by gay couples, which still is illegal in France. According to the court, the right for such couples to joint parental authority depends on the circumstances that require such an arrangement and must be in the child’s best interests.


California execution stalled for man who plotted with gay cousin
SAN FRANCISCO (AP)—State officials last week postponed indefinitely the execution of a condemned killer, saying they could not comply with a judge’s order that a medical professional administer the lethal injection. Prison authorities called off the execution after failing to find a doctor or other person licensed to inject medications to give a fatal dose of barbiturate. Morales, 46, was condemned in 1983 for killing 17-year-old Terri Winchell, who was attacked with a hammer, stabbed and left to die half-naked in a vineyard. Morales had plotted the killing with a gay cousin who was jealous of Winchell’s relationship with another man. The cousin was sentenced to life in prison without parole.


Appeals court nixes part of Georgia obscenity law
ATLANTA—A federal court ruling last week struck down a portion of Georgia’s obscenity law, but the effect of the decision remains unclear. A three-judge panel of the Atlanta-based U.S. Court of Appeals for the 11th Circuit ruled Feb. 15 that the law restricted the right of businesses to advertise. "Distributors of sexual devices are forbidden unqualifiedly from advertising their products, even when the market they seek to reach consists of those consumers lawfully entitled to purchase those products," the ruling stated. The state has not decided if it will appeal the ruling, according to Russ Willard, communications director for the attorney general’s office. The law, passed in 1968, restricts the sale of sex toys "designed or marketed as useful primarily for the stimulation of human genital organs."



 

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