School clubs OK unless they're pro-life

An Iowa high student barred from establishing a pro-life club on campus because the subject is "controversial" is threatening legal action, arguing her club has the same constitutional rights as Key Club, Mock Trial, SADD, Future Farmers of America, Character Counts, cheerleading and other non-curricular organizations.

Isabell Akers, represented by the Thomas More Society, has been working with Students for Life of America to establish a pro-life club at Hampton-Dumont High School in Hampton, Iowa. But school officials rejected the request, contending it was too controversial and unrelated to the school curriculum.

The Thomas More Society, in a demand letter Thursday to Principal Steve Madson, asked for a response by April 30 to its request that Akers' club be treated the same as others.

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"The pro-life students are simply asking for equal treatment," said Jocelyn Floyd, associate counsel of Thomas More Society. "Here the school is trying to claim that its lesser treatment is justified because Isabell's club doesn't tie in with the school's curriculum – but neither do most of the school's other clubs, such as the book club, mock trial or SADD (Students Against Drunk Driving)."

Floyd argued that by law, Hampton-Dumont High School administrators "must give their pro-life students the same opportunities as they give all these other school clubs."

Akers began her work on the club plan as a sophomore. School officials allowed her to hold meetings occasionally but not advertise or hold events.

As she now approaches graduation, the Thomas More report said, she wants to leave behind a club for future students.

"I wanted to spend my high school career educating my fellow students on the beauty of human life and providing resources to girls at my school, but instead I have been fighting for my First Amendment rights," she said in a statement released by Thomas More.

"By forbidding our Students for Life club from putting up posters and not letting us be included in the yearbook with other clubs, the school administration has been treating us like second-class citizens."

The letter to the school noted the school claimed "the subject of abortion is one that can be controversial, & one the school cannot side one way or the other."

But the school already has created a "limited public forum" by allowing other clubs to meet, said the letter, signed by Floyd.

"The classification of Isabell's club as a 'community club' or the school's only 'non-curricular' club, and the associated limitations on her group's right to participate in the life of the school as an official student group constitutes a violation of her rights under both the Federal Equal Access Act … and the First Amendment," the letter said.

"Simply put, once the limited open forum is open to one non-curricular club, then all non-curricular clubs must be treated equally, even if the clubs [students] wish to form are religious or political. A student group is considered curricular only if it directly relates to the curriculum of the school."

The letter said that while Key Club "presents an admirable message of the value of community service, Mock Trial gives exposure and instruction on the American trial system, and SADD works to spread the message of the harms of drinking and driving, they are all nonetheless non-curricular clubs."

"Recognizing this pro-life club as an official school club does not mean the school is endorsing or 'supporting' its message – and the students are smart enough to recognize this. In general, simply allowing the formation and operation of any club does not indicate that a school approves or endorses the group's message, nor does it indicate that the school has 'taken a stance' on the issue."