The ACLU's support of a legal precedent used to gain recognition of a student homosexual group has reversed now that the ruling is being used to back the rights of a Christian club on campus, claims a public-interest law firm.
The Associated Student Body at Kentridge High School in Kent, Wash., has rejected the Truth Bible Club because it required all members to adhere to a code of Christian conduct and voting members to sign a statement of faith. Also, the name of the club was deemed "offensive" and "proselytizes."
The case is governed by the Equal Access Act, a federal statute that requires schools to treat student clubs equally, notes the Arizona-based Alliance Defense Fund, which is defending the Truth Bible Club.
In Prince v. Jacoby, ADF argues, the Ninth Circuit held that denying official sponsorship of a club violates the Equal Access Act.
ADF points out that in 2003, shortly after Prince v. Jacoby was decided, the ACLU sent an information letter to school officials in Washington state explaining the case "makes it clear that student clubs promoting tolerance for gay students are entitled to the same resources as other clubs."
But now, the ACLU has filed a friend-of-the-court brief in the Truth case that takes the opposite position.
