digital collegian
Friday, Feb. 21, 1997

ACLU backs STRAIGHT

The PA and University chapters of the ACLU have come out in defense of STRAIGHT and its right to form an official organization.

By AIMÉE HARRIS
Collegian Staff Writer

The ACLU usually defends gay and lesbian rights -- but this time the situation is different.

In a stand for "unpopular" viewpoints and the First Amendment, the American Civil Liberties Union stated their opinion that Student Reinforcing Adherence In General Heterosexual Tradition (STRAIGHT) should become an official University organization.

STRAIGHT was denied an official University charter on Sunday by the voting justices of the Undergraduate Student Government Supreme Court.

"Our view is based on what we've read and our view of the student judges' reasons," said Larry Frankel, executive director of the ACLU's Pennsylvania chapter. "It is improper to deny official recognition of this group."

The ACLU believes STRAIGHT was denied official status because of its members' viewpoints, Frankel said.

"Viewpoint discrimination is in conflict with the First Amendment," he said.

Not only are the justices discriminating against viewpoint, said Jon Feinberg, co-coordinator of the University's ACLU chapter, but they were denying freedom of association. "The University cannot disallow an organization from forming."

This has been proven time and time again in various court cases, he said.

"The ACLU is taking the position it has always taken," Feinberg added. "On principle, you can never, ever discriminate against someone because of their views, no matter how much those views are discriminatory or make your stomach turn."

Darin Loccarini, president of STRAIGHT, believes that the University chapter of the ACLU was not as supportive as it could have been for STRAIGHT and is glad the state level finally came around.

"It seems as though the ACLU on campus was deciding between gay rights and free-speech rights," Loccarini said.

This decision was not necessary for the ACLU, he said, because gay rights were not being infringed upon -- First Amendment rights were.

"(The ACLU) sat around doing the political-correct stance and in the mean time their higher authority makes the clear decision," Loccarini said.

Loccarini considered appealing for the removal of the charter of the ACLU's University chapter because he felt the organization was not following its mission statement in not supporting STRAIGHT. His fear of little support from the ACLU was further exacerbated on Feb. 12, when the University chapter of the ACLU wrote a letter to the editor of The Daily Collegian. The ACLU stated that a vigil for tolerance would be held that night, due to the fact that STRAIGHT had raised questions of intolerance on campus.

What the letter said was true, Feinberg said. The issue of STRAIGHT did bring issues on tolerance into the light. The vigil, Feinberg said, was a "productive thing."

"The vigil was for reaffirming our commitment for tolerance," he said.

STRAIGHT's mission statement says that it does not "accept or support homosexuality." That is intolerant, Feinberg said. He believes, though, along with the ACLU, that STRAIGHT has every right to petition to become an official organization. This sentiment was also stated in the Feb. 12 letter.

Loccarini said he did not know if he would seek legal council with the ACLU.

"I'll have my pick of the litter for legal council," he said.

The ACLU is also calling into question the University's policy on intolerance. Frankel said he has not read the policy yet, although he is trying to obtain a copy.

The reason the ACLU is questioning the policy, he said, is because if the justices on the court listed the policy as a reason to deny the charter, there may be a problem with the policy.

"These kinds of policies have proved problematic," Frankel said.

There are other, more effective, measures the University can take to improve tolerance on campus, Frankel said, such as programs and speakers.

"The ACLU believes the best way to combat speech is with more speech," he said.

The ACLU has not yet contacted the University due to time constraints, but plans to submit a letter to the opinion editor of The Daily Collegian next week with a full explanation of their stance.

Administrators at the University said they had not heard from the ACLU, but Bill Asbury, vice president of Student Affairs, along with many others, read about it in an article that appeared in the Pittsburgh Post-Gazette yesterday.

"We have a policy about nondiscrimination," Asbury said. "Mr. Frankel must look at the actual policy statement. I don't see any problem with the policy and perhaps he hasn't read it. If he has read it, he simply has a different opinion."

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