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Calif. school discriminates against student pro-life group, ADF files suit

Pro-life group is denied equal access to same privileges other groups receive because it’s “too controversial”
Monday, January 14, 2008, 2:27 PM (MST) |
ADF Media Relations | 480-444-0020


SAN JOSE — Attorneys with the Alliance Defense Fund filed a lawsuit and motion for preliminary injunction in federal court Monday against a local high school after it denied a student pro-life club the same access to privileges that all other student groups on campus enjoy.

“Public schools should recognize the constitutional rights of pro-life students just as they do for all other students,” said ADF Senior Legal Counsel David Cortman.  “The high school is clearly engaging in viewpoint discrimination when it denies this pro-life group the right to the same privileges extended to other student groups.   Schools cannot deny student clubs these privileges just because not everyone agrees with the message.”

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In October, a student attending Westmont High School submitted a written request to school officials requesting to start a pro-life club.  The club was denied official status along with all rights, benefits, and privileges that all other recognized student clubs receive.  When she informed school officials that the club’s official name would be “Live Action – Pro-Life Club,” the school officials also allegedly denied the club any avenue to promote the club on campus, including even telling other students about its existence because it was “too controversial.”

A copy of the complaint filed in the U.S. District Court for the Northern District of California, San Jose Division, in P.A. v. Gordon is available at www.telladf.org/UserDocs/PAvGordonComplaint.pdf.  A copy of the motion for preliminary injunction can be read at www.telladf.org/UserDocs/PAvGordonMotion.pdf.

“It’s our hope that the court will grant our motion for immediate relief so that these students can tell others about their club,” said Cortman. “The U.S. Supreme Court has ruled time and time again that this type of discrimination is unconstitutional, and this lawsuit is intended to bring the school district in compliance with the law.”

ADF is a legal alliance defending the right to hear and speak the Truth through strategy, training, funding, and litigation.

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