Date: Wed, 8 May 1996 06:45:48 -0700 (PDT)
From: jessea@uclink4.berkeley.edu (Jessea NR Greenman)
Subject: UT governor's reply re LG clubs ban


[from one of our correspondents comes the following
very interesting letter....]
>Date: Fri, 03 May 1996 09:59:39 -0600
>From: Governor Leavitt <governor@state.ut.us>
>Subject:  "Criminal Behavior" ban -Reply
>
>       Thank you for your letter
>concerning gay and lesbian clubs.  As
>you know, in the Special Session of the
>Utah State Legislature held April 17,
>1996, the Legislature passed Senate
>Bill 1003, sponsored by Senator Craig
>Taylor. This bill contains three parts.  First,
>it contains a prohibition similar to
>Senate Bill 246, in that it does not allow
>school employees to encourage or
>support criminal conduct by employees
>or students.  It also prohibits such
>encouragement or support if it would
>result in a material and substantial
>interference or disruption in the normal
>activities of the school.  As now
>crafted, this bill passes constitutional
>muster according to many qualified
>attorneys in the state.
>
>       Second, the bill allows local school
>districts to require parental permission
>for a student to join a club or
>organization that meets on school
>premises.
>
>       Third, the bill allows local school
>districts to deny access to student
>clubs or organizations if the district
>determines that such denial is
>necessary to protect the physical,
>emotional, psychological, or moral
>well-being of students and faculty, to
>maintain order, or to prevent material
>and substantial interference with the
>school?s educational activities.  To meet
>this standard, the bill requires local
>school districts to deny access to clubs
>whose activities would materially and
>substantially encourage criminal or
>delinquent conduct, promote bigotry, or
>involve human sexuality.  Local school
>boards have the authority to determine
>whether any club(s) fall under these
>categories.
>
>       The real issue under this third
>provision is, who should control our
>public schools?  The Equal Access Act,
>a law passed by the U.S. Congress
>would dictate the way our local school
>boards govern their districts in terms of
>which clubs should and should not be
>allowed access on public education
>campuses.  By passing the third portion
>of the bill, the Legislature has declared
>that local school boards should govern
>the access of clubs.  I believe this is not
>simply a crime issue, a bigotry issue, or
>a sexuality issue, but a major issue of
>local vs. federal control.  I also believe
>the local school boards, as elected by
>the communities they represent, are
>better equipped to govern clubs and
>organizations than is the federal
>government.
>
>       Once again, thank you for taking
>the time to express your concerns and
>ideas about the school clubs issue.  I
>applaud your involvement.

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OK TO RE-POST.  Jessea Greenman <jessea@uclink4.berkeley.edu>
The P.E.R.S.O.N. Project (Public Education Regarding Sexual Orientation
Nationally)
CHECK THIS OUT FOR TONS OF INFO - -
http://www.youth.org/loco/PERSONProject/   Please cc us (for our files) on
correspondence you send or receive re our action alerts.