LGBTQ+ organizations sue SC in federal court over sex ed law

Groups representing the lesbian, gay, bisexual, transgender and queer communities are suing South Carolina in federal court over a law they say violates the U.S. Constitution.

The law, passed in 1988, prevents public school sex education classes from discussing non-heterosexual relationships outside the context of sexually transmitted diseases.

The groups argue this violates the 14th Amendment to the U.S. Constitution because it discriminates against students based on their sexuality.

“The state law sends a message to students that ‘homosexual relationships’ are so shameful or dangerous that they can only be discussed in a negative context,” Julie Wilensky, an attorney at the National Center for Lesbian Rights, said in a news release.

The groups suing S.C. over this law are Gender and Sexuality Alliance, the Campaign for Southern Equality, the South Carolina Equality Coalition, the National Center for Lesbian Rights and Lambda Legal. They are being represented by Womble Bond Dickinson, Brazil & Burke, and University of Utah law professor Clifford Rosky, according to the news release.

Though the S.C. Department of Education did not create this policy, the law names S.C. Superintendent of Education Molly Spearman as a defendant.

That’s because the law requires Spearman to enforce the policy whether she agrees with it or not, Spearman said in a statement.

“The lawsuit filed today highlights an issue that the General Assembly has failed to address,” Spearman said.

Spearman also noted that students’ parents can opt-out of health classes and sex ed.

The law isn’t just unconstitutional, the groups argue, but it stigmatizes and encourages bullying against LGBTQ students, according to the complaint.

“This discriminatory law is archaic, outrageous, and profoundly damaging to LGBTQ students, treating them as pariahs,” said Lambda Legal attorney Peter Renn. “It should come as no surprise that where the government stigmatizes a group of students as ‘unmentionable,’ it risks breeding a school environment hostile to LGBTQ students, with more harassment and abuse in classrooms, hallways, and locker rooms.”

The suit follows a Feb. 18, 2020, opinion by the S.C. Attorney General Alan Wilson that said, in part, “a court would likely conclude that this provision is unconstitutional.”

Spearman agreed with Wilson, saying she also thinks the law is unconstitutional, according to the statement.

“The ultimate decision now rests in the hands of the court,” Spearman said. “I trust they will be swift and their decision will uphold the dignity of all students.”

This story was originally published February 26, 2020 at 2:21 PM.