In Settlement, Gay Club Can Meet but Not Discuss Sex

In a settlement intended to end a yearlong controversy in the Orange Unified School District, officials said Tuesday that El Modena High School’s Gay-Straight Alliance club may meet on campus, provided members don’t discuss sex.

“The school district is going to heave a collective sigh of relief,” district spokeswoman Judy Frutig said of the agreement. The contentious issue, she said, “has detracted from the environment of quality education offered here. By reaching a settlement and moving forward, we’re getting back to the business of what the school district is all about.”

Laura W. Brill, a lawyer representing the student club, said, “The main thing is that this agreement recognizes the Gay-Straight Alliance and says they can continue meeting on the same basis as other student groups.”

The agreement hinges on the approval, expected Thursday night, of the district’s board of trustees. The rules for all student clubs would be amended to prohibit discussion of “sexual activity,” defined as the “explicit discussion of sex acts or sexual organs” and not the discussion of sexual orientation or issues related to it.

The new regulations would also require students participating in club meetings to maintain a grade-point average of at least 2.0, or C.

The controversy began a year ago when El Modena students Anthony Colin and Heather Zetin started a club to promote acceptance and understanding among students of various sexual orientations. Some residents and school board members objected, citing concerns about parents’ rights, the possible influence of outside groups and club discussions overlapping with sexual education curriculum.

Three months later, the school board denied the club permission to meet on campus. The students filed a lawsuit, citing federal access laws denying federal money to school districts that discriminate against clubs based on what might be discussed at their meetings. They also accused the district of violating their rights of free speech and equal protection under the law. Earlier this year, a federal judge ordered the district to allow the club to continue meeting until the lawsuit could be settled.