Lambda Legal Demands Changes to Bush Administration's New Regulations that Focus on Boy Scouts' Access to Schools While Ignoring Gay Student Groups

(Washington, DC — October 20, 2004) — Saying that the Bush Administration is focused on protecting the Boy Scouts’ access to public schools while ignoring the rights of gay student groups whose equal rights are often violated, Lambda Legal urged the U.S. Department of Education to add inclusive language to policy regulations that were made public this week and will go into effect within the next couple of months.

The proposed regulations, which now enter a 45-day period of public comment before going into effect, guide schools on making sure Boy Scouts groups have access to schools for meetings, recruitment and other activities. Lambda Legal, which just launched a long-term national campaign on students’ rights in public schools, said today that Gay-Straight Alliance groups should be specified in the new regulations as one kind of youth group that also has a right to meet in public schools.

“The Bush Administration wants to add thousands of words about the Boy Scouts to federal rules that don’t say one word about gay student groups — even though they’re both protected by federal law and Gay-Straight Alliances are unlawfully denied school access on a regular basis,” said Kevin Cathcart, Executive Director of Lambda Legal. “The Boy Scouts need no help getting access to schools but they’re the focus of the federal government’s attention, while gay youth are routinely ignored and left to fend for themselves when their rights aren’t respected.”

In several places, the new regulations say the Boy Scouts should receive the same access to school facilities as “other groups.” Cathcart said Lambda Legal is urging the Department of Education to specify the kinds of “other groups” that have legal access to schools, and to include Gay Straight Alliances among the specific examples.

“We want Gay-Straight Alliances mentioned and specified in these regulations, so that there can be no question that gay student groups and the Boy Scouts have equal rights to meet in public schools. Gay-Straight Alliances have all the same rights as every other group, but their rights are routinely violated — in part because they are ignored and rendered invisible in regulations like these ones,” Cathcart said. “These regulations are tied to a law that specifically addresses the Boy Scouts, but it is perfectly appropriate to add Gay-Straight Alliances as an example of groups that have equal rights in public schools.”

Lambda Legal’s new “Out, Safe & Respected” campaign aims to inform lesbian, gay, bisexual, transgender and questioning (LGBTQ) youth about their rights in school, and it gives them tools to enforce their rights. The campaign includes in-depth information on starting and maintaining Gay-Straight Alliances. Full background on the campaign and the issues is at www.lambdalegal.org.

Today, Lambda Legal announced that as part of its ongoing “Out, Safe and Respected” campaign, it is mobilizing its 25,000-plus active members and allies to take advantage of the Department of Education’s 45-day period for public comments by requesting that LGBTQ youth and Gay-Straight Alliances be specifically mentioned in the new regulations. The Department of Education has established an e-mail address for public comments on the matter, at boyscoutscomments@ed.gov.

In a statement, Secretary of Education Rod Paige said: “The goal of these regulations is to ensure that the Boy Scouts and other patriotic youth groups have equal access to public facilities, and today’s action is another step toward achieving this goal.”

Cathcart responded: “The purpose of our nation’s Department of Education is to ensure that all youth are treated equally, are safe at school and have access to the best possible education. By focusing on the Boy Scouts while ignoring gay youth, the Department of Education is failing our nation’s schools and putting young people in harm’s way. We aren’t going to sit by and let that happen without a fight.”

More background on LGBTQ youth, Gay-Straight Alliances and Lambda Legal’s new “Out, Safe & Respected” campaign is online at www.lambdalegal.org. Over the last 10 years, Lambda Legal has won several precedent-setting cases on behalf of LGBTQ youth in schools, including the first cases that clearly established the rights of Gay-Straight Alliances to meet in public schools.