Okeechobee County gay rights lawsuit reopened

The Good Guys won a modest victory yesterday in the ongoing controversy over the existence of the Gay-Straight Alliance at Okeechobee High School, as the U.S. District Court reversed its earlier dismissal of a lawsuit challenging the Okeechobee County School Board's decision to shut down the club:

U.S. District Judge K. Michael Moore dismissed the case last month, saying the club's founder, Yasmin Gonzalez, no longer was affected by the school's decision because she has graduated.

But Moore reversed the decision Friday, saying Gonzalez still has a stake in the case because she seeks nominal monetary damages.

The judge also allowed current student Brittany Martin to become a plaintiff in the case against the school board of Okeechobee County.

"We are absolutely elated," said Rob Rosenwald, an attorney with the American Civil Liberties Union, which represents the students. "I know that the students at Okeechobee High School are very excited that their rights will be vindicated."

Attorneys for the school board could not be reached for comment.

Basically, you're looking at a legal concept called "standing." Anyone who wants to file a lawsuit must have "standing;" that is, the plaintiff must show that he or she actually is affected adversely by the activity over which the lawsuit is filed. Judge Moore originally ruled that plaintiff Gonzalez lacked standing because she had graduated and therefore was not affected by the School Board's decision to bar the club. This is the specific ruling he reversed (based on Gonzalez's pursuit of monetary damages), and he allowed a current student to join the lawsuit as well, which is significant in that it allows the lawsuit to continue even without Gonzalez if necessary.

I think the ACLU's attorney was a little overzealous in saying that the students' rights would be vindicated -- we'll have to wait to see the outcome of the whole lawsuit before we arrive at that conclusion -- but this is a huge step in the right direction.

We're chipping away at intolerance, decision by decision, state by state. I applaud California's Supreme Court for allowing gay couples in that state to marry, but gay rights is a lot more than just domestic partnership rights and marriage. The anti-gay forces continue to bleat their bigoted, intolerant, hateful agenda, especially here in Florida. So while the Okeechobee case is a blip on the radar screen compared to the California gay marriage decision, by Florida standards it is a big deal. It's going to be a long, arduous journey, but I remain optimistic that the hatemongers eventually will be silenced ... especially if bright, open-minded students like Yasmin Gonzalez and Brittany Martin have any say in the matter.