Appeal To Be Filed In Student's Lesbian Kiss Case

Appeal To Be Filed In Student's Lesbian Kiss Case
by 365Gay.com Newscenter Staff

Posted: October 2, 2007 - 11:00 am ET

(Los Angeles, California) A federal court judge has ruled that school officials did not violate the civil rights of a lesbian teen who was suspended and outed to her parents after she and another girl were caught kissing on campus.

Charlene Nguon's ACLU attorney says the ruling will be appealed.

Nguon was suing Santiago High School principal Ben Wolf and the Garden Grove Unified School District for allegedly violating her constitutional privacy rights and for engaging in an alleged terror campaign against her.

Nguon (pictured), who is now a college student, had sought between $300,000 to $1.3 million in damages.

The lawsuit alleged that Nguon was singled out for discipline a number of times for displaying affection with her girlfriend, that she was outed to her parents, was forced to transfer and that her grades suffered as a result of the harassment.

In addition to Nguon, the ACLU was representing her mother and the Gay-Straight Alliance Network in the case.

Nguon was an 'A' student, ranked in the top 5 percent of her class, but when she kissed her girlfriend on campus she was disciplined and told either she or the girlfriend would have to transfer to another school.

The teen, in addition to having straight 'A's, was enrolled in a number of advanced placement and honors classes and was a candidate for the National Honor Society until the offer was rescinded because of discipline, including one week-long suspension, for hugging her girlfriend on campus.

Nguon's grades slipped when she switched to Bolsa Grande High School as she struggled to catch up with that school's curriculum and her commute grew from a four block walk to a 4 and a half mile bike ride.

After the ACLU sent a letter to the district in late July, 2005, Nguon was allowed to return to Santiago High School where she had been enrolled since her freshman year. But the school has made no effort to improve the climate on campus or to ensure Nguon will not be targeted for discipline again, the ACLU said.

In his ruling, released Monday, U.S. District Judge James V. Selna said that Nguon was treated no differently than straight students who were caught kissing or other forms of intimacy.

"The School Defendant’s disciplining of Charlene was not motivated, either in whole or in part, by her sexual orientation," Selna wrote.

As for outing Nguon to her parents Selna said in the ruling that generally it would be prohibited but in this case it was the only way of explaining the discipline to her parents.

The ACLU of California called the ruling flawed and said it would appeal.

An attorney for the school district said the school will file a motion seeking nearly $400,000 in legal fees from Nguon and the ACLU.

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http://365gay.com/Newscon07/10/100207calcourt.htm