Impact of Gay Club Controversy Still Reverberates

In the office at El Modena High School, on the list of 34 sanctioned clubs, right between the French/Italian Club and the German Club, is a new organization: the Gay/Straight Alliance.

The posting caps a year of controversy and follows a vote Thursday by the Orange Unified School District board to settle a federal lawsuit and allow the controversial club to meet on campus--provided students don’t discuss sex.

But as campus officials prepared for club sign-ups next week, some questioned whether the legal and social issues have been settled.

“There are no victors as a result of this compromise agreement,” said school board member Robert Viviano. “Prejudice will not magically disappear with the establishment of this club, nor will strident behavior.”

Many anti-gay parents said they will continue their opposition to the club. Carl Nagy said he and other parents have formed Parents Rights USA to organize support for local and state candidates who share their views.

Meanwhile, some 1st Amendment experts have questioned the legality of the settlement, saying that a prohibition against talking about sex is probably unconstitutional.

“What they are saying is that any discussion of sex is inappropriate at school, and under the constitution, they don’t have the power to say that,” said Eugene Volokh, a UCLA law professor and author of a textbook on 1st Amendment law. “Suppose there’s a club that talks about whether rape is bad? Would that be allowed?”

Another constitutional expert, UCLA law professor Kenneth Karst, said he thought the school’s regulations could withstand a court challenge.

But some students expressed outrage at the compromise.

“I think that’s stupid,” said senior Ashley Hyter. “You’re not going to be able to get educated. If I had a question about sex, I’d want to be able to ask.”

Students and parents said the yearlong fight has forever changed the school.

“If I go to parties on the weekend, and I tell people I’m from El Modena, people are like, ‘You go to that gay school?’ ” said senior Stephanie Lopez. “And I’m, like, ‘Oh, no.’ ”

Over the last year, the question of whether the school board would allow students to form such a club has drawn TV cameras, religious protesters, pro-gay anarchists, lawyers and angry, sign-waving parents.

It all began when Anthony Colin, now a junior, and Heather Zetin, no longer a student at El Modena, started a club to promote acceptance and understanding among students of all sexual orientations.

Some parents and school board members objected to the club, saying homosexuality is morally wrong. After the school board denied the club permission to meet on campus, students sued, citing federal law prohibiting discrimination against the content of speech in school clubs.

School officials settled the case after it became apparent that they would probably lose.

Colin, 16, and his mother said they want life to return to normal after enduring a year of threats and harassment. “I hope for a little bit of peace and a little bit of quiet,” said Jessie Colin. “I hope my son will be able to spend his last two years in high school getting an education.”

David C. Codell, one of Anthony’s lawyers, said the boy’s case will force other school districts to accept similar clubs.

But some El Modena students said Friday that they still oppose the club.

“I think being gay is a sin, because God said so,” said senior Bobbie Smitches. “It doesn’t belong on campus. It sets a bad example for little kids.”

Other students said they respected Anthony Colin’s courage.

Many students and parents said they now want the controversy to end. “My daughter is so relieved that’s over,” said one parent.

But the campus has become so polarized over the issue, Lopez said, that “people are scared to be gay now.”

*

Times staff writer Anna Gorman contributed to this story.