Deal Aside, Gay-Straight Club’s a Target

There it was in black and white. In the office at El Modena High School on Friday, on the list of 34 sanctioned clubs, between the French/Italian Club and the German Club, was a new organization: the Gay-Straight Alliance.

When the Orange Unified School District Board of Education voted Thursday to settle a federal lawsuit and allow El Modena’s Gay-Straight Alliance to meet on campus provided students don’t explicitly discuss sex, many board members and parents said they hoped to close a divisive and embarrassing period for the district.

But even as school officials prepared for a club fair next week, where teenagers will be able to sign up for the club, some questioned whether the legal and social issues raised by protesters on both sides 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.”

Despite the school board’s decision, many anti-gay parents have vowed to continue the fight.

Carl Nagy said he and other anti-gay parents have formed a group called Parents Rights USA to support local and state candidates who share their views.

Meanwhile, some 1st Amendment experts have questioned the legality of the settlement, noting that prohibiting students from talking about sex may be 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?”

Other constitutional experts, such as UCLA law school professor Kenneth Karst, said the school’s regulations could stand up in court.

Some students, though, expressed outrage at the rule.

“I think that’s stupid,” senior Ashley Hyter said. “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.”

Lost in this conflict have been students and parents who have endured a year of notoriety and TV cameras outside their campus. Many said the fight has irrevocably changed their school and community.

“None of us will ever forget that this happened,” senior Stephanie Lopez said. “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?’ ” she said. “And I’m like ‘Oh, no.’ ”

Over the last year, the question of whether the conservative school board would allow students to form such a club brought TV cameras, religious protesters, pro-gay activists, pro bono lawyers and angry, sign-waving parents to the Orange campus.

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It all began when Anthony Colin, now a junior, and Heather Zetin, who no longer attends 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 and that the club would violate parents’ rights.

After the school board denied the club permission to meet on campus, students sued, citing federal law prohibiting discriminating against the content of speech in school clubs.

School officials settled after it seemed apparent they would lose.

“I’m a little elated. I’m like ‘oh, exhilaration,’ ” Anthony said.

Anthony, 16, and his mother said they want life to return to normal after a year in which they have been threatened and harassed.

“I hope for a little bit of peace and a little bit of quiet,” Jessie Colin said. “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 set a precedent and force schools across the country to accept similar clubs.

But some students at El Modena on Friday said they still oppose Anthony’s cause. “I think being gay is a sin because God said so,” said senior Bobbie Smitches, who wishes the school board would keep fighting the club. “It doesn’t belong on campus. It sets a bad example for little kids.”

Other students said that, while they don’t necessarily endorse homosexuality, they respected Anthony’s courage.

But many students and parents said they just want the controversy to end. “My daughter is so relieved that’s over,” said one parent who would not give her name. “She was so embarrassed that the school was getting so much attention. She wants to go to a school that’s normal.”

Times staff writer Anna Gorman contributed to this article.