ABOVE: Pendleton Heights High School. (Screenshot via WTHR NBC 13 News)
A student led Gay-Straight Alliance at Pendleton Heights High School in Pendleton, Indiana filed suit against their school and the South Madison Community Schools District last Fall for banning public announcements and adverts in-school for their club.
A preliminary injunction was granted that requires PHHS to provide the GSA with the same rights provided to other student groups at the school. The order issued by U.S. District Court Judge Sweeney spells out that the PHHS/GSA must have the opportunity to advertise, fund raise, and be listed in the Handbook, as litigation continues.
In the suit filed by the American Civil Liberties Union of Indiana on behalf of the Pendleton Heights High GSA, in U.S. District Court for the Southern District of Indiana, the ACLU noted that the principal at Pendleton Heights stated that the PHHS/GSA cannot publicize its existence on school bulletin boards or on the school’s radio station, while other curricular and non-curricular clubs at the school are able to do so.
“The student led Gay Straight Alliance group at Pendleton Heights High School must be treated in the same manner that all other student groups are treated,” the ACLU of Indiana said in an emailed statement.
“While this isn’t the first time the ACLU of Indiana has had to take on a public school for treating a GSA group differently than other student led organizations, we hope that public schools throughout the state will take notice and forgo future challenges by providing equal treatment to all student groups.
“The ACLU of Indiana will continue to work to ensure that all schools in our state provide GSA groups and other student led groups with the equal rights granted to them by the U.S. Constitution.”
Last Spring officials in the Schools District, in this suburban community 30 miles northeast of Indianapolis, ordered faculty members at Pendleton Heights High School to remove Rainbow Pride flags from classrooms. The Schools District labeled the flags “political paraphernalia” and instructed the Spanish, French and art teachers to get the flags out of their classrooms saying the flags violate their school district’s “political paraphernalia” policy.
Pendleton Heights Principal Connie Rickert has the authority to decide what student groups are allowed to meet at the school and which ones are deemed to be “official.” Last Spring she deflected on the apparent anti-LGBTQ+ messaging the order to remove the flags telling one media outlet; ““Teachers are legally obligated to maintain viewpoint neutrality during their official duties to ensure all students can focus on learning and we can maintain educational activities and school operations,” she said. “Our counselors are trained to respond to any student who desires support.”
While she has allowed the GSA club to meet, her banning announcements and notifications for the GSA runs contrary to her statements last Spring that that her school prides itself on creating a welcoming environment for all.
“Students at Pendleton Heights High School may participate in non-curricular clubs recognized by the school,” said Ken Falk, ACLU of Indiana legal director. “By creating additional hurdles for Pendleton Heights Gay-Straight Alliance such as censoring the group’s promotions and prohibiting fundraising, the school is infringing on these students’ rights.”
The South Madison Community Schools District has declined comment.
