Openly gay student sues principal for telling parents she was gay

I don't understand how this lawsuit can be allowed to continue, but apparently is is going to. The following article came from Friday's New York Times.

Openly Gay Student's Lawsuit Over Privacy Will Proceed
By TAMAR LEWIN
In a case involving a California high school girl who was openly gay at school, a federal judge has ruled that the girl, Charlene Nguon, may proceed with a lawsuit charging that her privacy rights were violated when the principal called her mother and disclosed that she is gay.

Ms. Nguon filed suit in September after a year of run-ins with Ben Wolf, the principal of Santiago High School in Garden Grove, Calif., over her hugging, kissing and holding hands with her girlfriend. Ms. Nguon was an all-A student ranked in the top 5 percent of her class, with no prior record of discipline. But last year, after Mr. Wolf said he wanted to separate her from her girlfriend, she transferred to another school. Her grades slipped, and her commute grew from a four-block walk to a four-and-a-half mile bike ride.

Judge James V. Selna of the Central District Court of California ruled Monday that Ms. Nguon had "sufficiently alleged a legally protected privacy interest in information about her sexual orientation."

"This is the first court ruling we're aware of where a judge has recognized that a student has a right not to have her sexual orientation disclosed to her parents, even if she is out of the closet at school," said Christine Sun, a lawyer at the American Civil Liberties Union, who brought the case. "It's really important, because, while Charlene's parents have been very supportive, coming out is a very serious decision that should not be taken away from anyone, and disclosure can cause a lot of harm to students who live in an unsupportive home."

Alan Trudell, a spokesman for the school district, would not comment on the litigation. In its motion to dismiss the case, the district argued that Ms. Nguon had no legally protectable privacy right because she was "openly lesbian" and "constantly" hugging and kissing her girlfriend.

"A reasonable person could not expect that their actions on school grounds, in front of everyone else on the school grounds, would remain private," the motion said.

The district also said Ms. Nguon had "an issue with authority" and was disciplined because of her defiance, not because of her homosexuality. Both Ms. Nguon and her girlfriend were suspended twice, once for a day and once for a week.

The district saw Ms. Nguon's behavior and legal case as inconsistent, its motion questioning why "she can be openly gay in public, but should be permitted to hide her homosexuality from her parents."

Ms. Nguon said yesterday that the day on which the principal called was a difficult one for the family.

"My mom picked me up from school and her eyes were all watery," she said. "I just went to my room and cried. We didn't talk about it for about a week."

After the A.C.L.U. sent a letter to the school in late July, Ms. Nguon was allowed to return to Santiago High, but to date the school has not agreed to clear her disciplinary record.

Conservatives criticized the judge's reasoning. "This court ruling is so unrealistic that it borders on ridiculous," said Carrie Gordon Earll, a spokeswoman for Focus on the Family, a socially conservative group based in Colorado. "In a disciplinary action by the school, you can't expect them to lie to the parents and not give details of what happened. It seems ironic to raise privacy as an issue in a public display of affection. She'd already outed herself."

Advocates for gay rights, however, welcomed the judge's decision to let the case proceed, but said it was too soon to celebrate.

"I wouldn't yet go out and tell a kid in Iowa to walk down the halls at school holding hands with his boyfriend," said Brian Chase, a lawyer with the Lambda Legal Defense and Education Fund. "It isn't fair, but gay kids expressing affection are not treated the way straight kids are."

The lawsuit seeks to clear Ms. Nguon's record and create a districtwide policy and guidelines for the treatment of gay students.